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STATE EX REL. BENZINGER v. DEPT. OF INS.

A9102-01201; CA A72945.

856 P.2d 642 (1993)

122 Or. App. 16

STATE ex rel Jeffrey BENZINGER, Sharon Byers, Sandra Collins, Richard Friend, Teddy Moulton and Blain Young, Sharon L. Allen, Annie Barrow, Linda Carpenter, Susan Christensen, Russell H. Fowler, James G. Harris, Richard E. Hayes, Patrick McCallum, Debra Ray-Spuhler, Delbert Smelser, Philip Sterle, Jr., Stephen R. Sundstrom, Bernard E. Torrance, Walter Vanhooser and Viola Walters, Respondents, v. OREGON DEPARTMENT OF INSURANCE AND FINANCE, acting through the Workers' Compensation Division Appellate Unit, agencies of the State of Oregon, and Larry Young, Appellants.

Court of Appeals of Oregon.

Decided July 21, 1993.

Attorney(s) appearing for the Case

John T. Bagg, Asst. Atty. Gen., Salem, argued the cause for appellants. With him on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Kevin Keaney, Portland, argued the cause for respondents. With him on the brief was Pozzi, Wilson, Atchison, O'Leary & Conboy, Portland.

LEESON, Judge.

Respondent Department of Insurance and Finance (DIF)1 appeals from an award of attorney fees in a proceeding to compel agency action, ORS 183.490, and a subsequent contempt proceeding. We reverse.

When this case was first before us, we affirmed a judgment that the trial court entered in favor of one of several petitioners under ORCP 67 B. Benzinger v. Oregon Dept. of...

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