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MULTNOMAH COUNTY v. BURBANK

235 Or. 616 (1963)

386 P.2d 444

MULTNOMAH COUNTY v. BURBANK ET UX

Supreme Court of Oregon.

Reversed November 6, 1963.

Attorney(s) appearing for the Case

Willis A. West, Deputy District Attorney, Portland, argued the cause for appellant. On the briefs were George Van Hoomissen, District Attorney, and Herbert A Perry, Deputy District Attorney, Portland.

James O. Goodwin, Oregon City, argued the cause for respondents. With him on the brief was Reuben Lenske, Portland.

Before McALLISTER, Chief Justice, and PERRY, O'CONNELL, DENECKE and LUSK, Justices.

REVERSED.

McALLISTER, C.J.

This is a proceeding brought by Multnomah County to condemn for use as a public park certain land owned by defendants. On the day set for trial of the case plaintiff moved for a voluntary nonsuit which was granted. Defendants thereafter filed a cost bill including an item of $1,800 as an attorney's fee, to which item the plaintiff objected. After a hearing the court allowed the cost bill, including the attorney's fee in the sum of...

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