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STATE EX REL. STADTER v. NEWBRY

196 Or. 343 (1952)

248 P.2d 845

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

Supreme Court of Oregon.

Affirmed October 10, 1952.

Attorney(s) appearing for the Case

Dwight L. Schwab, of Portland, argued the cause for appellant. With him 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.

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

AFFIRMED.

LUSK, J.

This is a proceeding in mandamus which presents the identical question this day decided in State of Oregon ex rel. Edward O. Stadter, Jr., District Attorney for Marion County, Oregon, and Dr. Frank R. Menne and Henry W. Collins v. Earl T. Newbry, Secretary of State, et al. Plaintiffs have appealed from an adverse judgment of the circuit court.

The alternative writ discloses that at the election on November 4, 1952, the people will...

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