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HAZEN v. COOK

CA 19800; SC 28611.

646 P.2d 33 (1982)

293 Or. 232

Herbert C. HAZEN and Robert M. Crowe, Petitioners On Review, v. Jack L. COOK, Respondent On Review, and James N. Richmond, Defendant.

Supreme Court of Oregon, In Banc.

Decided June 9, 1982.

Attorney(s) appearing for the Case

Terrence J. Hammons, Eugene, filed briefs for petitioners on review. With him on the briefs were Hammons & Mills, Eugene.

Michael F. Jarvill, Eugene, filed brief for respondent on review. With him on brief was Jarvill & Jarvill, Eugene.

MEMORANDUM.

Plaintiffs sued on a promissory note which provided for recovery of "reasonable attorney's fees" in an action to collect the debt. The trial court found that the note was usurious and entered judgment that the defendants pay the amount of the note to the State of Oregon for use of the Lane County School Fund pursuant to former ORS 82.120(5). The Court of Appeals reversed and remanded for entry of judgment in favor of plaintiff. 55 Or...

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