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STATE EX REL NILSEN v. WHITED

239 Or. 149 (1964)

396 P.2d 758

STATE EX REL NILSEN v. WHITED ET AL

Supreme Court of Oregon.

Reversed November 25, 1964.

Attorney(s) appearing for the Case

Robert Y. Thornton, Attorney General of Oregon, Salem, and H.J. Belton Hamilton, Thomas N. Trotta, and Thomas Y. Higashi, Assistant Attorneys General, Portland, filed a brief for appellant.

No appearance for respondents.

Green, Richardson, Green & Griswold, and Donald S. Richardson and Allen T. Murphy, Jr., Portland, filed a brief amicus curiae.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, SLOAN, O'CONNELL, GOODWIN and DENECKE, Justices.

REVERSED.

ROSSMAN, J.

This is an appeal by the plaintiff, the Commissioner of the State Bureau of Labor, from a judgment order of the circuit court which sustained the defendants' demurrer and dismissed the complaint. The order sustained subsection 2 of defendants' demurrer:

"* * * on the grounds that ORS 652.335 is unconstitutional and void as a denial of substantive due process in that it is not within the power of the legislature to create a debt...

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