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LEWIS v. BEYER

07C11429; A139922.

232 P.3d 980 (2010)

235 Or. App. 367

Ken LEWIS and Utility Reform Project, Plaintiffs-Respondents, v. Lee BEYER, Ray Baum, and John Savage, Defendants, and Oregon Public Utility Commission, Defendant-Appellant.

Court of Appeals of Oregon.

Decided May 26, 2010.

Attorney(s) appearing for the Case

Karla H. Ferrall, Assistant Attorney General, argued the cause for appellant. With her on the briefs were John R. Kroger, Attorney General, and Erika L. Hadlock, Acting Solicitor General.

Daniel Meek, Portland, argued the cause for respondents. With him on the brief was Linda K. Williams.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and ROSENBLUM, Judge.

WOLLHEIM, J.

Plaintiffs petitioned the circuit court for an order requiring defendant, the Oregon Public Utility Commission (PUC), to enforce certain provisions of ORS 757.268. The court granted plaintiffs' motion for summary judgment and, over PUC's objection, awarded attorney fees to plaintiffs by way of a supplemental judgment. PUC appeals that supplemental judgment for attorney fees, raising similar objections to those raised in the circuit court. As explained...

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