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STATE EX REL. SMITH v. SMITH

197 Or. 96 (1953)

252 P.2d 550

STATE OF OREGON EX REL., SMITH ET AL. v. SMITH ET AL.

Supreme Court of Oregon.

Peremptory writ ordered January 7, 1953.

Attorney(s) appearing for the Case

Howard E. Roos, Assistant Attorney General, of Salem, argued the cause for plaintiff. With him on the briefs were George Neuner, Attorney General, and Samuel B. Stewart, Assistant Attorney General, of Salem.

Dan M. Dibble, Deputy District Attorney, and Nathan L. Cohen, of Portland, argued the cause for defendants. With them on the brief were John B. McCourt, District Attorney, James J. Kennedy and George D. Leonard, Deputy District Attorneys, of Portland.

R.R. Bullivant and Allan Hart, of Portland, filed a brief as amici curiae.

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

PEREMPTORY WRIT ORDERED.

WARNER, J.

This is an original mandamus proceeding brought by the state of Oregon on the relation of Ray Smith, Carl Chambers and Robert D. Maclean, who collectively constitute the State Tax Commission of the state of Oregon (hereinafter referred to as the "Commission"). The defendants are Wiley W. Smith, as the county assessor of Multnomah county, Oregon (hereinafter referred to as the "assessor"), and Terry D. Schrunk, as the sheriff...

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