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CROSS OF MALTA BUILDING CORPORATION v. STRAUB

476 P.2d 921 (1970)

CROSS OF MALTA BUILDING CORPORATION, an Oregon Nonprofit Corporation, Appellant, v. Robert W. STRAUB, State Treasurer of the State of Oregon; Clay Myers, Secretary of State of the State of Oregon; H.C. Saalfeld, Director of Veterans' Affairs of the State of Oregon; and Jack C. Plato, Ronald Dicken, Arch L. Brewster, William C. Dyer, Jr., Leonard R. Forsgren, E.G. Johnson, A.O. Soderholm and George E. Thompson, Constituting the Advisory Committee of the Department of Veterans' Affairs of the State of Oregon, Respondents.

Supreme Court of Oregon, In Banc.

Decided November 18, 1970.

Supplemental Opinion January 19, 1971.

Attorney(s) appearing for the Case

William G. Paulus and Fred H. Paulus, Salem, argued the cause for appellant. With them on the briefs were Paulus & Callaghan, Salem.

Peter S. Herman, Asst. Atty. Gen., Salem, argued the cause for respondents. With him on the brief were Lee Johnson, Atty. Gen., and Jacob Tanzer, Solicitor Gen., Salem.

Before McALLISTER, P.J., and SLOAN, O'CONNELL, DENECKE, HOLMAN, TONGUE and HOWELL, JJ.

O'CONNELL, Chief Justice.

This is a suit by an Oregon property owner and taxpayer for a declaratory judgment and injunctive relief challenging the constitutionality of ORS 407.183 and 407.186. These statutes provide for the transfer of part of the money in the Oregon War Veterans' Bond Sinking Fund to the State General Fund. From a decree in favor of the defendants, the plaintiff appeals.

On November 4, 1944, the...

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