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STATE EX REL. DEPT. OF TRANSP. v. STALLCUP

000242E2; A117839.

97 P.3d 1229 (2004)

195 Or. App. 239

STATE of Oregon, By and Through its DEPARTMENT OF TRANSPORTATION, Appellant-Cross-Respondent, v. Walter B. STALLCUP, Respondent-Cross-Appellants, and Fleet Business Credit Corporation, fka Sanwa Business Credit Corporation, a Delaware corporation, Respondent.

Court of Appeals of Oregon.

Decided September 15, 2004.

Attorney(s) appearing for the Case

Jas. Jeffrey Adams, Assistant Attorney General, argued the cause for appellant-cross-respondent. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

E. Michael Connors argued the cause for respondent-cross-appellant. With him on the briefs were Christopher P. Koback and Davis Wright Tremaine LLP.

No appearance for respondent Fleet Business Credit Corporation.

Before HASELTON, Presiding Judge, and WOLLHEIM and SCHUMAN, Judges.

HASELTON, P.J.

In this condemnation action, the state appeals, assigning error to (1) the trial court's denial of the state's motion to set aside the judgment pursuant to ORCP 71 B or C; and (2) the trial court's consequent award of attorney fees to the defendant landowner pursuant to ORS 35.346(7).1 Defendant conditionally cross-appeals, asserting that the trial court erred in striking certain...

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