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MITCHELL v. WHEELER

No. L80-1452; CA A20222.

635 P.2d 680 (1981)

James MITCHELL, Appellant, v. Ronald Eugene WHEELER, Respondent.

Court of Appeals of Oregon.

Decided November 9, 1981.

Attorney(s) appearing for the Case

James P. O'Neal, Myrtle Creek, argued the cause and filed the brief for appellant.

Orrin R. Ormsbee, Coos Bay, argued the cause for respondent. With him on the brief was Ormsbee & Corrigall, Coos Bay.

Before GILLETTE, P.J., and ROBERTS and YOUNG, JJ.

PER CURIAM.

Plaintiff appeals the trial court's denial of an item in his cost bill.1 On oral argument, counsel for defendant conceded that the item was a proper one.

The judgment of the trial court is reversed and remanded with instructions to allow plaintiff the additional amount of $92.40, as prayed for in his cost bill, for the cost of taking the deposition of Dr. Ochs. In all other respects, the judgment of the trial court...

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