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DEPARTMENT OF REVENUE v. SCHOOFF

85-0752-C; CA A44300.

752 P.2d 353 (1988)

90 Or.App. 430

DEPARTMENT OF REVENUE, State of Oregon, Respondent, v. Earhl R. SCHOOFF, As an Individual and As a Trustee; the Earhl R. Schooff Equity Pure Trust; and Moneca B. Schooff; and Elisabeth Dowell, Trustees, Appellants.

Court of Appeals of Oregon.

Decided April 13, 1988.

Attorney(s) appearing for the Case

Richard L. Stradley, Hillsboro, argued the cause and filed the briefs for appellants.

Linda DeVries Grimms, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

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

PER CURIAM.

Defendants appeal the decision of the trial court denying their motion for attorney fees. The trial court ruled that the motion was not timely. The state properly concedes that the motion was timely and that the merits of the motion should have been considered.

Reversed...

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