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STATE EX REL. CADY v. ALLEN

460 P.2d 1017 (1969)

STATE of Oregon ex rel. Marion E. Cady, James Redman and William A. Callahan, As Members of the Workmen's Compensation Board, and the State Compensation Department, Plaintiffs, v. The Honorable Edwin E. ALLEN, Judge of the Circuit Court of the State of Oregon for Lane County, Defendant.

Supreme Court of Oregon, In Banc.

Decided November 19, 1969.

Attorney(s) appearing for the Case

Peter S. Herman, Asst. Atty. Gen., Salem, argued the cause for plaintiffs. With him on the brief was Robert Y. Thornton, Atty. Gen.

E.B. Sahlstrom, Eugene, and William A. Babcock, Springfield, argued the cause for defendant. On the briefs were Sahlstrom & Starr, Eugene, and Babcock & Ackerman, Springfield.

Argued and Submitted on Demurrer to Alternative Writ October 6, 1969.

McALLISTER, Justice.

This is an original proceeding in which this court issued an alternative writ of mandamus directed to the defendant commanding that he vacate two orders entered by him in a case pending before him or show cause why he had not done so. The defendant demurred to the alternative writ and the question before us is whether the facts stated in the writ entitle petitioners...

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