SMITH v. STATE EX REL. DHS

No. 66560.

788 P.2d 959 (1990)

Ray L. SMITH, Appellee, v. STATE of Oklahoma, ex rel., DEPARTMENT OF HUMAN SERVICES, Appellant.

Supreme Court of Oklahoma.

As Corrected April 9, 1990.


Attorney(s) appearing for the Case

Peter M. Keltch, Cherokee, for appellee.

Charles Lee Waters, Gen. Counsel, David Brown, Asst., Paul Porter, Oklahoma City, for appellant.


SIMMS, Justice:

The single issue to be decided is whether a district court, on appeal of a decision by an Administrative Agency in an individual proceeding, correctly entered an award of attorney fees against that agency based upon a finding that the agency acted unconscionably in defending the action, based upon the Oklahoma exception to the American Rule as stated in City National Bank and Trust Company v. Owens,

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