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STATE EX REL. AFSD v. FULOP

TC D8204-68360; CA A31740; SC 531630; D8031-60009; CA A32166.

706 P.2d 921 (1985)

300 Or. 39

STATE of Oregon ex rel. Adult and Family Services Division, Respondent On Review, v. Michael J. FULOP, Petitioner On Review. State of Oregon ex rel. Adult and Family Services Division, Appellant, v. Robert Carl Cubic, Respondent,

Supreme Court of Oregon, In Banc.

Decided September 17, 1985.

Reconsideration Denied November 5, 1985.

Attorney(s) appearing for the Case

Lawrence D. Gorin, Portland, argued the cause for petitioner. With him on the brief and petition was Keller, Gottlieb and Gorin, Portland.

Robert M. Atkinson, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief was Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

CAMPBELL, Justice.

This is a filiation proceeding. After a three-day trial, the jury found that the defendant was not the father of the child. The trial court awarded the defendant attorney fees under ORS 109.155(4).1

The plaintiff, State of Oregon ex rel. Adult and Family Services Division, appealed to the Court of Appeals assigning as the sole error that the trial court was wrong in awarding the defendant attorney fees "where...

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