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NESTELL v. RYTHER

No. 16-80-11421; CA A25346.

667 P.2d 1042 (1983)

64 Or.App. 326

Earle E. NESTELL and Emma E. Nestell, Respondents, v. Ronald RYTHER, Appellant.

Court of Appeals of Oregon.

Decided August 10, 1983.

Attorney(s) appearing for the Case

Randall E. Thwing and Thwing & Thwing, Eugene, for petition.

Robert D. Woods and Cass, Scott, Woods & Smith, Eugene, contra.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

On Respondents' Petition for Attorney Fees Filed April 8, 1983.

YOUNG, Judge.

This matter concerns the recurring question of which party is the "prevailing party" on appeal and is therefore entitled to recover costs and attorney fees. After our decision on the merits, 62 Or.App. 470, 660 P.2d 1098 (1983), respondents filed a cost bill and petition for attorney fees. Appellant objected...

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