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STATE HIGHWAY COMM. v. LYTLE

234 Or. 188 (1963)

380 P.2d 811

STATE HIGHWAY COMMISSION v. LYTLE ET AL

Supreme Court of Oregon.

Reversed April 17, 1963.

Attorney(s) appearing for the Case

E.R. Bashaw, Medford, argued the cause for appellants. On the briefs were Jones, Reeder & Bashaw, Medford.

J. Robert Patterson, Salem, argued the cause for respondent. With him on the brief were Robert Y. Thornton, Attorney General, L.I. Lindas and Leslie B. Hampton, Assistant Attorneys General, Salem.

Before McALLISTER, Chief Justice, and ROSSMAN, SLOAN, GOODWIN and LUSK, Justices.

REVERSED.

SLOAN, J.

Defendants appeal from the refusal of the trial court to allow them their attorney's fee in this condemnation case. The circumstances which created the dispute are unusual to the extent that no similar case has come before this court. We will limit our consideration to the ultimate facts we rely on for decision.

By letter dated February 23, 1961, plaintiff gave formal notice to defendants of its intention to take from defendants...

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