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STATE v. MASON

TC C 7908 32618; CA 16166; SC 27148.

621 P.2d 578 (1981)

290 Or. 339

The STATE of Oregon ex rel. Robert Cary Curvey, Petitioner, v. Carl MASON, Head of Corrections Department, Rocky Butte Jail, Multnomah County, Oregon, Respondent.

Supreme Court of Oregon, In Banc.

January 7, 1981.

Attorney(s) appearing for the Case

John W. Savage, of Rieke, Geil & Savage, Portland, for the motion.

Melinda L. Bruce, Deputy County Counsel, and John B. Leahy, County Counsel for Multnomah County, contra.

PER CURIAM.

As in State ex rel. Roby v. Mason, 284 Or. 427, 587 P.2d 94 (1978), we have before us a petition by appointed counsel in a habeas corpus challenge to extradition for an allowance of attorney fees incurred in petitioning this court for review. In Roby's case we found no statutory authority for this court to award fees in such a proceeding.

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