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STATE HIGHWAY COMMISSION v. CARMEL ESTATES, INC

525 P.2d 61 (1974)

STATE of Oregon, by and through Its State HIGHWAY COMMISSION, Composed of Glenn L. Jackson, et al., Appellants, v. CARMEL ESTATES, INC., an Oregon Corporation, et al., Respondents.

Court of Appeals of Oregon.

Decided July 29, 1974.

Rehearing Denied September 4, 1974.

Review Denied October 1, 1974.

Attorney(s) appearing for the Case

John W. Burgess, Asst. Atty. Gen., Salem, argued the cause for appellants. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Gary M. Bullock, Portland, argued the cause and filed the brief for respondents.

Before SCHWAB, C.J., and FOLEY and THORNTON, JJ.

SCHWAB, Chief Judge.

The issue in this case is whether interest runs against the state on a judgment against it for attorney fees and costs awarded in a condemnation proceeding. The defendants-property owners prevailed as to value in a condemnation proceeding brought by plaintiff and, accordingly, in addition to judgment for the value of the property taken, judgment was entered in favor of defendants for a substantial sum ...

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