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SHIPLER v. VAN RADEN

TC 18-253; CA 11599; SC 26471.

608 P.2d 1162 (1980)

288 Or. 735

Tom SHIPLER and Betty D. Shipler, Respondents, v. Kenneth H. VAN RADEN and Susan Lee Van Raden, Nita Wagner, and the Lewelling Corporation, an Oregon Corporation, Petitioners.

Supreme Court of Oregon.

Decided March 25, 1980.

Attorney(s) appearing for the Case

Asa L. Lewelling, Salem, argued the cause and filed the brief for petitioners.

H. William Barlow, Salem, argued the cause and filed the briefs for respondents.

Before DENECKE, C.J., and TONGUE, HOWELL, LENT, LINDE and PETERSON, JJ.

LENT, Justice.

The issue is whether, in a suit in equity, a party seeking attorney fees under ORS 20.096(1) must adduce his evidence on attorney fees before the trial court has rendered the decision which will determine who is the prevailing party. We hold that is not necessary.1

That section of the code provides:

"In any action or suit on a contract, where such contract specifically provides that attorney fees and costs...

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