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DEPT. OF HUMAN RESOURCES v. STRASSER

F-85-39; CA A38838.

732 P.2d 38 (1987)

83 Or.App. 361

STATE OF OREGON, Department of Human Resources, Respondent, v. Joseph STRASSER, Jr., Appellant.

Court of Appeals of Oregon.

Decided January 28, 1987.

Attorney(s) appearing for the Case

W. Eugene Hallman, Pendleton, argued the cause for appellant. With him on brief were William A. Galbreath, Milton-Freewater, and Mautz & Hallman, Pendleton.

David Schuman, Asst. Atty. Gen., Salem, argued the cause for respondent. On brief were Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Richard D. Wasserman, Asst. Atty. Gen., Salem.

Before WARDEN, P.J., and ROSSMAN and DEITS, JJ.

WARDEN, Presiding Judge.

Appellant prevailed in this filiation proceeding when the jury found that he was not the father of the child in question. He appeals the trial court's refusal to award him attorney fees on the ground that he had failed to plead "the facts, statute, or rule" pursuant to ORCP 68 C(2) to support an award of attorney fees.

The state's petition alleged that appellant is the father of the child and included a prayer for attorney fees pursuant...

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