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  5. 956 P.2d 177 (1998)
 

ATIYEH v. STATE

CC 16-95-00123; CA A90030; SC S42467.

956 P.2d 177 (1998)

326 Or. 531

Victor ATIYEH, Vera Katz, Berkeley Lent, Ellen Lowe, Fred Miller, Betty Roberts, Herbert M. Schwab, Robert Straub, R.G. Anderson-Wyckoff, Oregon School Employees Association, International Association of Fire Fighters, Local 1660, City of Eugene, and League of Oregon Cities, Respondents, v. STATE of Oregon and Phil Keisling, Secretary of State, Appellants.

Supreme Court of Oregon.

Decided March 26, 1998.

Attorney(s) appearing for the Case

Rives Kistler, Assistant Attorney General, Salem, argued the cause and filed the briefs for appellants. With him on the briefs were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

William F. Gary, of Harrang Long Gary Rudnick, PC, Eugene, argued the cause and filed the brief for respondents. With him on the brief was Brendan Dunn.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, GRABER and DURHAM, JJ.

GILLETTE, Justice.

This is a case in which the sole issue before us is the propriety of a trial court's award of attorney fees to plaintiffs. The award was made under the trial court's inherent equitable authority, as described by this court in Deras v. Myers, 272 Or. 47, 535 P.2d 541 (1975). We hold that, under the procedural circumstances present here, the award was inappropriate. We therefore reverse it.

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