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PUD v. KOTTSICK

No. 43389.

86 Wn.2d 388 (1976)

545 P.2d 1

PUBLIC UTILITY DISTRICT NO. 1 OF SNOHOMISH COUNTY, Respondent, v. MARILYN J. KOTTSICK, ET AL, Defendants, JOHN SMISTAD, ET AL, Appellants.

The Supreme Court of Washington, En Banc.

January 22, 1976.

Attorney(s) appearing for the Case

Paul & Paul, Inc., P.S., by Blair F. Paul, for appellants.

Williams, Novack & Hansen, P.S., by Faye Collier Kennedy, for respondent.

Roger M. Leed and Roderick A. Cameron, amici curiae, on behalf of Washington Trial Lawyers Association.

HAMILTON, J.

This appeal involves a trial court's denial of an award of attorney fees. The respondent, Public Utility District No. 1 of Snohomish County, filed a summons and petition for condemnation of seven tracts of land in order to construct a transmission line. Several of the direct condemnees filed appearances in the action. None of these condemnees actually appeared at the public use and necessity hearing.

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