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FITZGIBBON v. CAREY

A8101-00376; CA A28010.

688 P.2d 1367 (1984)

70 Or.App. 127

Edward L. FITZGIBBON and James W. Morrell, Respondents, v. Henry A. CAREY, P.C., Appellant.

Court of Appeals of Oregon.

Decided September 26, 1984.

Reconsideration Denied December 7, 1984.

Attorney(s) appearing for the Case

Leslie M. Roberts, Portland, argued the cause for appellant. With her on the briefs was Kell, Alterman & Runstein, Portland.

Barnes H. Ellis, Portland, argued the cause for respondents. With him on the brief were Randolph C. Foster and John M. Volkman, Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

This dispute is between lawyers over the division of an attorney fees award. Plaintiffs, a partnership, and defendant, a professional corporation, associated to represent the plaintiff in a class action and other related cases. The class action was successfully prosecuted and generated $869,000 in attorney fees.1 Defendant refused to divide the fee equally with plaintiffs on the ground that they failed to do half of the...

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