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MULIER v. JOHNSON

(16-96-09570; CA A100065)

986 P.2d 742 (1999)

163 Or. App. 42

Vincent MULIER, Appellant, v. Mark JOHNSON, Lorraine Davis, Linda King, and University of Oregon, Respondents.

Court of Appeals of Oregon.

Decided September 22, 1999.

Attorney(s) appearing for the Case

David C. Force, Eugene, argued the cause and filed the briefs for appellant.

Richard D. Wasserman, Assistant Attorney General, argued the cause for respondents. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before De MUNIZ, Presiding Judge, and HASELTON and WOLLHEIM, Judges.

HASELTON, J.

Plaintiff appeals from a summary judgment against his claims under 42 USC section 1983 and for "violation of statutory duty" and from the trial court's subsequent entry of a judgment for attorney fees. He asserts that the court erred in allowing summary judgment and that the allowance of attorney fees was erroneous in that, inter alia, defendants never asserted an entitlement to fees in their motion for summary judgment. See ORCP 68 C(2...

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