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CLARK v. JOHNSON

(98-07-29902M; CA A103961).

998 P.2d 220 (2000)

165 Or. App. 481

William H. CLARK, Appellant, v. Dan JOHNSON, Superintendent, Snake River Correctional Institution, Respondent.

Court of Appeals of Oregon.

Decided February 9, 2000.

Attorney(s) appearing for the Case

Bob Pangburn argued the cause and filed the brief for appellant.

Susan L. Kanclier, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

HASELTON, Presiding Judge, and EDMONDS and WOLLHEIM, Judges.

PER CURIAM.

The state acknowledges, and we agree, that the trial court's award of fees was erroneous under Petersen v. Cook, 164 Or.App. 240, 990 P.2d 931 (1999), and Alexander v. Johnson, 164 Or.App. 235, 990 P.2d 929 (1999). We reject plaintiff's remaining arguments.

Judgment for attorney fees of $475...

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