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  5. 779 P.2d 1028 (1989)
 

SAMUEL v. FROHNMAYER

TC 137346; CA A47340; SC S36166.

779 P.2d 1028 (1989)

308 Or. 362

Edmonde G. SAMUEL, D.C., Respondent On Review, v. Dave FROHNMAYER and the State of Oregon, Petitioners On Review.

Supreme Court of Oregon, In Banc.

Decided September 19, 1989.

Attorney(s) appearing for the Case

Michael D. Reynolds, Asst. Sol. Gen., Salem, argued the cause for petitioners on review. With him on the petition were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

David C. Force, Eugene, argued the cause and filed the response, for respondent on review.

GILLETTE, Justice.

This case raises questions concerning the scope of a trial court's authority to provide "further relief" to a successful party in a declaratory judgment proceeding. The pertinent statute, ORS 28.080, provides in part:

"Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper."

Specifically, the issue is whether an award of attorney fees to the winning party for expenses incurred in pursuing...

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