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LEAHEY v. COMMISSION FOR BLIND

456 P.2d 77 (1969)

Ray LEAHEY, Margaret Huntington, Lowell Casteel, Nellie Waymire, Delores Johnson, Russell Hudson, Keith Larimore and Eva Custis, Respondents, v. State of Oregon, Acting by and through the COMMISSION FOR the BLIND, an Agency of the State of Oregon, and Walter O. Lofgren, Fred Krepela, Thurman G. Merkley, Norman Ross, Kenneth C. Swan, Richard H. Wilcox, Joy Hills Gubser, Clarence Mellbye and Andrew F. Juras, Members of the Commission for the Blind, and Clifford A. Stocker, Administrator of the Commission for the Blind, Appellants.

Supreme Court of Oregon, In Banc.

Decided June 25, 1969.

Attorney(s) appearing for the Case

Louis S. Bonney, Asst. Atty. Gen., Salem, argued the cause for appellants. With him on the brief was Robert Y. Thornton, Atty. Gen., Salem.

Carl R. Neil, Portland, argued the cause for respondents. With him on the brief were Lindsay, Nahstoll, Hart, Dafoe & Krause, Portland.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE, and HOLMAN, JJ.

McALLISTER, Justice.

This is a class suit brought by plaintiffs on behalf of themselves and all other "needy blind people," who are the beneficiaries of a trust created by the will of Ella Munro Burdin. The complaint prayed for the removal of the Commission for the Blind as trustee of the Burdin trust and for an accounting. The Commission appeals from a decree in favor of the plaintiffs.

The findings entered by the learned trial judge contain an excellent...

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