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HOVET v. MYERS

478 P.2d 435 (1970)

Thomas HOVET, Jr., On Behalf of Himself and All Other Voters of the State of Oregon, Respondent, v. Clay MYERS, Secretary of State of the State of Oregon, Appellant.

Court of Appeals of Oregon, Department 1.

Decided December 23, 1970.

Rehearing Denied January 12, 1971.

Review Denied February 9, 1971.

Attorney(s) appearing for the Case

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

Charles O. Porter, Eugene, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., and LANGTRY and BRANCHFIELD, JJ.

SCHWAB, Chief Judge.

This is an appeal in a suit for declaratory judgment and supplemental relief brought by the plaintiff against the defendant in his official capacity as Secretary of State. The plaintiff sought a judgment declaring and adjudicating the duties of the defendant under ORS 246.110 and 246.120 with respect to the issuance of directives and instructions to the county clerks concerning the election laws of the state.

The defendant demurred to...

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