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ALTO W.D. v. STATE

9009-05766; CA A67834.

865 P.2d 1328 (1993)

125 Or. App. 584

John F. ALTO, W.D. Tuininga, Glenn H. Lucas, Robert C. Peck, Barry Desbiens, Gary W. Collins, Arnold Donnelly, R.J. Barman, George De Hart, and Herbert L. Thompson, Respondents-Cross-Appellants, v. The STATE of Oregon, By and Through the STATE FIRE MARSHAL, Susan M. Browning, acting State Fire Marshal, Appellant-Cross-Respondent, and Metrofueling, Inc., Intervenor-Appellant-Cross-Respondent.

Court of Appeals of Oregon.

Decided December 29, 1993.

Attorney(s) appearing for the Case

Roger K. Harris, Phil Goldsmith and James, Denecke & Harris, Portland, for petition.

Theodore R. Kulongoski, Atty. Gen., Virginia L. Linder, Sol. Gen., and Robert Atkinson, Asst. Atty. Gen., contra.

Before RIGGS, P.J., and DE MUNIZ and DURHAM, JJ.

On Respondents' Petition for Attorney Fees August 25, 1993.

PER CURIAM.

Plaintiffs petition for an award of attorney fees and costs on appeal against defendant. In Alto v. State Fire Marshal, 121 Or.App. 543, 553, 855 P.2d 649, rev. den. 318 Or. 97, 863 P.2d 1267 (1993), we reversed the trial court's order denying attorney fees and costs because plaintiffs had a right under...

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