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SWETT v. BRADBURY

CC 98-C-20484; CA A107552 (Control), A107799; SC S48116.

67 P.3d 391 (2003)

335 Or. 378

Michael SWETT; David Fidanque; and the American Civil Liberties Union of Oregon, Inc., Respondents on Review, v. Bill BRADBURY, Secretary of State; and the State of Oregon, Petitioners on Review, and Virginia Markell; Laurence Perry; and Susan Remmers, Respondents.

Supreme Court of Oregon.

April 24, 2003.

Attorney(s) appearing for the Case

Thomas M. Christ, of Cosgrave Vergeer Kester LLP, Portland, filed the petition for attorney fees for respondents on review.

Philip Schradle, Special Counsel to the Attorney General, Salem, filed the objection to petition for attorney fees for petitioners on review. With him on the objection were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Paul B. Gamson, of Smith, Gamson, Diamond & Olney, Portland, filed objections to the petition for attorney fees for respondents.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, De MUNIZ, and BALMER, Justices.

GILLETTE, J.

This application for an award of attorney fees on review arises out of a successful challenge to the constitutionality of Ballot Measure 62 (1998).1 See Swett v. Bradbury, 333 Or. 597, 43 P.3d 1094 (2002) (declaring measure unconstitutional because it violated separate-vote requirement of Oregon Constitution). Respondents on review, plaintiffs below ...

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