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IN MATTER OF MARRIAGE OF HECK

No. D79-2245; CA 18439.

627 P.2d 521 (1981)

52 Or.App. 79

In the matter of the MARRIAGE OF Judith Karen HECK, Respondent, and Marvin Lee Heck, Appellant.

Court of Appeals of Oregon.

Decided May 4, 1981.

Attorney(s) appearing for the Case

John C. Babin, Brookings, argued the cause for appellant. With him on the brief was Coutrakon, Hoselton & Babin, Brookings.

Daniel W. Seitz, Roseburg, argued the cause for respondent. With him on the brief was Anderson, Cegavske & Seitz, Roseburg.

Before JOSEPH, P.J. and WARDEN and WARREN, JJ.

PER CURIAM.

On appeal, husband challenges the trial court's award of $600 as attorney fees to wife. No evidence as to attorney fees was presented at the hearing, however, the parties stipulated that the court could award attorney fees based on affidavits. Wife failed to file an affidavit and, therefore, the award of attorney fees to her must be stricken. Fery and Fery, 20 Or.App. 581, 532 P.2d 1131 (1975).

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