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NECANICUM INVESTMENT CO. v. EMPLOYMENT DEPT.

(Agency No. T70772; CA A131207; SC S055231).

200 P.3d 129 (2008)

345 Or. 518

NECANICUM INVESTMENT CO., Petitioner on Review, v. EMPLOYMENT DEPARTMENT, Respondent on Review.

Supreme Court of Oregon, En Banc.

December 31, 2008.

Attorney(s) appearing for the Case

Joseph D. McDonald, Smith, McDonald & Vaught, LLP, Portland, filed the petition for attorney fees.

Rolf C. Moan, Assistant Attorney General, Salem, filed the respondent's response objecting to petitioner's petition for attorney fees. With him on the response were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

DE MUNIZ, C.J.

Petitioner on review, Necanicum Investment Company, successfully challenged a tax assessment by respondent Employment Department (the department). Necanicum Investment Co. v. Employment Dept., 345 Or. 138, 190 P.3d 368 (2008). Petitioner now seeks an award of attorney fees and costs. The department objects to the attorney fee request, asserting that petitioner has not met the statutory...

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