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LEO v. KEISLING

(CC 98C-17232; CA A103357; SC S45677)

986 P.2d 562 (1999)

329 Or. 273

Susan LEO and Jonah F. Hymes, Plaintiffs-Appellants, v. Phil KEISLING, Secretary of State, and State of Oregon, Defendants-Respondents, and Kevin Mannix and Stephen Doell, Intervenors.

Supreme Court of Oregon, En Banc.

Decided August 5, 1999.

Attorney(s) appearing for the Case

Katherine A. McDowell, ACLU Foundation of Oregon, Portland, filed the petition for appellants.

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Richard D. Wasserman, Assistant Attorney General, Salem, filed the response for respondents.

No appearance by intervenors.

DURHAM, J.

This matter is before the court on plaintiffs' petition for attorney fees and costs. Plaintiffs do not seek an award of attorney fees against intervenors. The procedural history of the case and the court's decision on the merits appear in Leo v. Keisling, 327 Or. 556, 964 P.2d 1023 (1998). We allow costs in the sum of $246.50 and deny the petition for attorney fees.

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