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PERRIN v. KITZHABER

0107-07021, 0107-07020; A118103.

83 P.3d 368 (2004)

191 Or. App. 439

Cheryl PERRIN, Charles P. Duffy, and David W. Sherman, Appellants, and Kate Brown and Dan Gardner, Intervenors-Appellants, v. John KITZHABER, in his official capacity as Governor of Oregon; and Bill Bradbury, in his official capacity as Secretary of the State of Oregon, Respondents. Jason Atkinson, Roger Beyer, William Fisher, John Minnis, Charles Starr, and the Oregon Republican Party, Appellants, and Kate Brown and Dan Gardner, Intervenors-Appellants, v. State of Oregon, John Kitzhaber, in his official capacity as Governor of Oregon; and Bill Bradbury, in his official capacity as Secretary of the State of Oregon, Respondents.

Court of Appeals of Oregon.

Decided January 21, 2004.

Attorney(s) appearing for the Case

Julia E. Markley, Portland, argued the cause for appellants Cheryl Perrin, Charles P. Duffy, and David W. Sherman. With her on the opening brief were Michael H. Simon, Elizabeth Schwartz, Thomas R. Johnson, Jr., Portland, and Perkins Coie LLP. With her on the reply brief were Michael H. Simon and Perkins Coie LLP.

John DiLorenzo, Jr., Portland, argued the cause for appellants Jason Atkinson, Roger Beyer, William Fisher, John Minnis, Charles Starr, and the Oregon Republican Party. With him on the opening brief were Aaron K. Stuckey, Portland, and Hagen Hirschy DiLorenzo & Grein, P.C. With him on the reply brief were Aaron K. Stuckey and Davis Wright Tremaine LLP.

Thane W. Tienson, Portland, argued the cause for intervenors-appellants. With him on the briefs was Landye Bennett Blumstein LLP.

Richard D. Wasserman, Attorney-in-Charge, Civil/Administrative Appeals Unit, argued the cause for respondents. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before HASELTON, Presiding Judge, and LINDER and WOLLHEIM, Judges.

HASELTON, P. J.

In these consolidated actions involving redistricting of Oregon's congressional districts, plaintiffs Cheryl Perrin, Charles P. Duffy, and David W. Sherman (the Perrin plaintiffs), Jason Atkinson, Roger Beyer, William Fisher, John Minnis, Charles Starr, and the Oregon Republican Party (the Atkinson plaintiffs), and intervenors Kate Brown and Dan Gardner all appeal, challenging the trial court's refusal to award them attorney fees and costs pursuant...

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