Opinion
TC 91108, CA 8080, SC 25656
On petitioners' motion for attorney fees filed August 10, 1978
motion denied November 29, 1978
In Banc
Robert W. Donaldson, Salem, for the motion.
Catherine Allan, Assistant Attorney General, Salem, James A. Redden, Attorney General, and Walter L. Barrie, Solicitor General, contra.
PER CURIAM.
Motion denied.
Petitioners in these habeas corpus proceedings, consolidated for appeal and review, now move this court for an order allowing attorney fees and costs incurred in the presentation of their petition for review. Today's decision in Penrod v. Cupp and Brown v. Cupp, 284 Or. 417, 587 P.2d 96 (1978), holds that there is no statutory basis for such an order by this court. The motion is denied.