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LEAGUE OF OREGON CITIES v. STATE

CC 00C-20156, 00C-19871; CA A113789, A113790; SC S48450 (Control), S48451.

87 P.3d 672 (2004)

336 Or. 593

LEAGUE OF OREGON CITIES, Benton County, City of Beaverton, City of Eugene, Junction City, City of Veneta, Bev Stein, Vera Katz, Multnomah County, City of Portland, and Washington County, Respondents, v. STATE of Oregon, John Kitzhaber, M.D., and Bill Bradbury, Appellants, and Stuart Miller, Intervenor. Audrey McCall, Hector MacPherson, Michael E. Swaim, James Lewis, and Mark Tipperman, Respondents, v. John Kitzhaber, M.D., Bill Bradbury, and the State of Oregon and its political subdivisions, Appellants, and Stuart Miller, Intervenor.

Supreme Court of Oregon.

Decided April 8, 2004.

Attorney(s) appearing for the Case

Thomas M. Christ and Thomas W. Brown, of Cosgrave Vergeer Kester LLP, Portland, filed the petition for reconsideration of attorney fees for respondents McCall, MacPherson, Swaim, Lewis, and Tipperman.

No appearance contra.

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

On Petition for Reconsideration of Order Denying Attorney Fees to Respondents McCall, MacPherson, Swaim, Lewis, and Tipperman, February 18, 2004.

PER CURIAM.

The plaintiff-respondents in McCall v. Kitzhaber, S48451 (hereafter "McCall plaintiffs"), petitioned this court for an award of attorney fees, which petition the court denied by an equally divided court. McCall plaintiffs now ask us to reconsider that order. We deny the petition for...

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