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McCORMACK v. TOWN OF GRANITE

No. 81813.

913 P.2d 282 (1996)

Linda McCORMACK, John Fletcher and J.W. "Dub" Brooks, Appellants, v. The TOWN OF GRANITE, a municipal corporation, Appellee.

Supreme Court of Oklahoma.

February 13, 1996.

Attorney(s) appearing for the Case

David T. McKenzie and MaryGaye Leboeuf, Oklahoma City, for Appellant, Linda McCormack.

Leon W. Willsie, Sayre, for Appellants, J.W. Brooks and Johnny Fletcher.

Paul Stumbaugh, Mangum, for Appellee, Town of Granite.

KAUGER, Vice Chief Justice.

Two issues are presented: 1) whether appeal-related attorney fees may be awarded under 11 O.S.1991 § 23-101;1 and 2) whether the amount of attorney fees awardable must be determined in a jury trial. We find that appeal-related attorney fees may be recovered pursuant to 11 O.S.1991 § 23-101 but that the award is not subject to trial by Jury.

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