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STATE EX REL. COON v. VANDENBERG

203 Or. 313 (1955)

280 P.2d 350

STATE EX REL. COON v. VANDENBERG

Supreme Court of Oregon.

Peremptory writ issued February 16, 1955.

Attorney(s) appearing for the Case

George H. Proctor, Klamath Falls, argued the cause and filed a brief for petitioner.

Wolf D. von Otterstedt, Assistant Attorney General, Salem, argued the cause as amicus curiae for respondent. With him on the brief was Robert Y. Thornton, Attorney General, Salem.

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

PEREMPTORY WRIT ISSUED.

LUSK, J.

This is an original proceeding in mandamus involving the same question that we this day decided in the case of State ex rel Bushman v. Vandenberg. As in that proceeding it appeared that the defendant, the Honorable David R. Vandenberg, refused to act as judge in a criminal case pending before him solely because the district attorney had filed a motion for a change of judge pursuant...

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