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STATE EX REL. STADTER v. NEWBRY

196 Or. 331 (1952)

248 P.2d 840

STATE EX REL. STADTER, JR. ET AL. v. NEWBRY ET AL

Supreme Court of Oregon.

Affirmed October 10, 1952.

Attorney(s) appearing for the Case

Jay Bowerman and James B. Castles, of Portland, argued the cause for appellants. With them on the brief was Edward O. Stadter, Jr., district attorney for Marion County, of Salem.

E.G. Foxley, deputy attorney general, of Salem, argued the cause for respondents. With him on the brief was George Neuner, attorney general, of Salem.

Black, Kendall & Fain and Paul Gerhardt, of Portland, filed a brief as amici curiae.

Before BRAND, Chief Justice, and ROSSMAN, LUSK, LATOURETTE, WARNER and TOOZE, Justices.

AFFIRMED.

LUSK, J.

This is a proceeding in mandamus brought in the Circuit Court for Marion County by the state of Oregon on the relation of the district attorney of that county and Dr. Frank R. Menne and Henry W. Collins, two of the five members of the State Racing Commission, against the defendants Earl T. Newbry, secretary of state; Walter J. Pearson, state treasurer; and Edwin H. Armstrong, the governor's executive secretary, to compel the performance...

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