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STATE EX REL ROBERTS v. GRUBER

231 Or. 494 (1962)

373 P.2d 657

STATE EX REL ROBERTS v. GRUBER

Supreme Court of Oregon.

Affirmed July 25, 1962.

Attorney(s) appearing for the Case

Chris. J. Kowitz and William J. Juza, Salem, and Fred Allen, Newport, for appellant.

No appearance for respondents.

Orval Etter and Edward C. Harms, Jr., Eugene, filed a brief as amici curiae on behalf of the League of Oregon Cities.

Before McALLISTER, Chief Justice, and ROSSMAN, WARNER, SLOAN, O'CONNELL, GOODWIN and LUSK, Justices.

AFFIRMED.

LUSK, J.

Section 34 of the charter of the city of Toledo reads:

"Vacancies in elective offices of the City shall be filled by appointment by a majority of the entire membership of the council. * * *"

A member of the city council resigned and thereafter, according to a stipulation of the parties entered into in open court, the substance of which is recited in the findings of fact, "at a meeting of the Common Council of the City of...

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