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HANSON v. MOSSER

247 Or. 1 (1967)

427 P.2d 97

HANSON ET UX, Appellants, v. MOSSER ET AL, Respondents.

Supreme Court of Oregon.

Reversed and remanded April 26, 1967.

Attorney(s) appearing for the Case

Fred A. Granata, Portland, argued the cause and filed a brief for appellants.

David A. Goldberg, Assistant Attorney General, Salem, argued the cause for respondents. With him on the brief was Robert Y. Thornton, Attorney General, Salem.

Before PERRY, Chief Justice, and SLOAN, GOODWIN and REDDING, Justices.

REVERSED.

REDDING, J. (Pro Tempore).

1. This is an appeal by plaintiffs from an order of the circuit court for Marion county, sustaining the motion of the State of Oregon and the defendants to quash service of summons on the defendants. Defendants' motion to quash is based on the ground that the plaintiffs' suit is one against the State of Oregon and is thus barred by the doctrine of sovereign immunity. It is conceded that a state is not suable without its...

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