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ARABIAN v. KEARNS

Nos. 16-82-10538, 126032; CA M-48, M-50

667 P.2d 1038 (1983)

64 Or.App. 204

Gary ARABIAN and George Arabian, Dba Sterling Real Estate, Plaintiffs, v. Daniel L. KEARNS, Defendant. Charles Doke and Linda Doke, Husband and Wife, Plaintiffs, v. Pet Village, Ltd., an Oregon Corporation and Raymond Reed, Aka Raymond Reid, Defendants.

Court of Appeals of Oregon, In Banc.

Decided August 10, 1983.

Submitted In Banc July 6, 1983.

BUTTLER, Judge.

This matter is before us on jurisdictional referrals under ORS 46.063. The issue is whether, in an action where an attorney fee may be awarded to the prevailing party by reason of a contract or a statute, the amount of the attorney fee claimed is to be included in determining the amount in controversy for jurisdictional purposes under ORS 46.060.

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