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STATE EX REL. GLADDEN v. LONERGAN

201 Or. 163 (1954)

269 P.2d 491

STATE OF OREGON EX REL. GLADDEN v. LONERGAN ET AL.

Supreme Court of Oregon.

Demurrer sustained; writ quashed April 14, 1954.

Attorney(s) appearing for the Case

Wolf D. von Otterstedt, Assistant Attorney General, of Salem, argued the cause for plaintiff. With him on the brief was Robert Y. Thornton, Attorney General, of Salem.

T. Morris Dunne, Jr., of Portland, argued the cause for defendants. With him on the brief was Earl F. Bernard, of Portland.

DEMURRER SUSTAINED; WRIT QUASHED.

TOOZE, J.

This is an original proceeding in mandamus, instituted by the state of Oregon, ex rel. Clarence T. Gladden, as warden of the Oregon State Penitentiary, as plaintiff, against Frank J. Lonergan and Lowell Mundorff, as judges of the circuit court of the state of Oregon for Multnomah county, as defendants, to compel said defendants to vacate certain orders heretofore made by them. The matter is now before us upon defendants...

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