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STATE EX REL HEINIG v. MILWAUKIE

231 Or. 473 (1962)

373 P.2d 680

STATE EX REL HEINIG v. THE CITY OF MILWAUKIE ET AL

Supreme Court of Oregon.

Reversed July 25, 1962.

Attorney(s) appearing for the Case

John O. Sheldahl, Oregon City, argued the cause and submitted briefs for appellants.

David H. Breuer, Portland, argued the cause and submitted a brief for respondents.

Before McALLISTER, Chief Justice, and ROSSMAN, WARNER, PERRY, SLOAN, O'CONNELL and GOODWIN, Justices.

REVERSED.

O'CONNELL, J.

This is a mandamus proceeding, commenced in the court below, through which plaintiff seeks to compel the city of Milwaukie and the members of the city council to establish a civil service commission in accordance with ORS 242.702 to 242.990 which provides for a civil service system for firemen.

The defendants appeal from a judgment granting a peremptory writ of mandamus commanding the city council to establish a civil service...

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