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JOHNSON v. CITY OF ASTORIA ET AL

227 Or. 585 (1961)

363 P.2d 571

JOHNSON v. CITY OF ASTORIA ET AL

Supreme Court of Oregon.

Reversed and remanded July 12, 1961.

Attorney(s) appearing for the Case

James L. Hope, City Attorney, Astoria, argued the cause for appellants. With him on the brief was Robert C. Anderson, Deputy City Attorney, Astoria.

Wendell Wyatt and Lawrence M. Dean, Astoria, argued the cause for respondent. With them on the brief were Sam H. Wilderman, Portland, and Norblad, Wyatt, Macdonald & Dean, Astoria.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, GOODWIN, and LUSK, Justices.

REVERSED AND REMANDED.

LUSK, J.

The defendants, the city of Astoria and six individuals, have appealed from an order allowing a peremptory writ of mandamus which commanded the defendants to place on the ballot a proposed amendment to the city charter.

On October 6, 1960, the plaintiff filed a petition for an alternative writ of mandamus. The petition alleged that the petitioner is a citizen and employee of the city of Astoria, Clatsop county, state...

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