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DEPT. OF TRANSPORTATION v. GONZALES

83-02-18,660-L; CA A30805.

703 P.2d 271 (1985)

74 Or.App. 514

STATE OF OREGON, by and through Its Department of Transportation, Appellant, v. Anastacio C. GONZALES and Mary J. Gonzales, Husband and Wife, Respondents, Land Title Insurance Agency, Inc., an Oregon Corporation, Trustee; United States National Bank of Oregon, a National Banking Association; and U.S. Creditcorp, an Oregon Corporation, Defendants.

Court of Appeals of Oregon, In Banc.

Resubmitted May 28, 1985.

Decided July 17, 1985.

Reconsideration Denied October 11, 1985.

Attorney(s) appearing for the Case

Steven J. Pierce, Ontario, argued the cause and filed the brief for respondents.

Philip Schradle, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen.

Resubmitted In Banc May 28, 1985.

WARDEN, Judge.

Plaintiff, the condemnor of certain real property located in Malheur County, appeals from an award to defendants of attorney fees and expert witness fees pursuant to ORS 35.346(2). Plaintiff's offer of $9,425, tendered before commencement of this action, ORS 35.346(1),1 was rejected by defendants. In a two-day trial, the jury returned a verdict that just compensation for the taking...

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