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CITY OF TIGARD v. WERNER

515 P.2d 934 (1973)

CITY OF TIGARD, Respondent, v. Harry Henry WERNER, Appellant.

Court of Appeals of Oregon.

Decided November 13, 1973.

Attorney(s) appearing for the Case

DARRELL E. Bewley, Portland, argued the cause for appellant. With him on the brief were Francis F. Yunker, Portland, and J.B. Smith and McCaffrey, Smith & Furrer, Aloha.

Derryck H. Dittman, City Atty., Tigard, argued the cause for respondent. With him on the brief were Anderson & Dittman, Tigard.

Before SCHWAB, C.J., and LANGTRY and FORT, JJ.

FORT, Judge.

The defendant was convicted in Tigard municipal court of "unlawfully collecting and hauling garbage and waste materials of another person" in "violation of Sections 13 and 241 of Ord. # 71-21." The defendant then appealed to Washington County Circuit Court where he was again convicted. The defendant's assignments of error attack the constitutionality of Ordinance No. 71-21.

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