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SCHOOL DIST. NO. 1, MULTNOMAH CTY. v. NILSEN

490 P.2d 1265 (1971)

SCHOOL DISTRICT NO. 1, Multnomah County, Oregon, et al., Respondents, v. Norman O. NILSEN, Commissioner of the Bureau of Labor, et al., Appellants.

Court of Appeals of Oregon, Department 1.

Decided November 26, 1971.

Attorney(s) appearing for the Case

Victor Levy, Asst. Atty. Gen., Portland, argued the cause for appellants. With him on the briefs were Lee Johnson, Atty. Gen., Jacob B. Tanzer, then Solicitor General, John W. Osburn, Solicitor Gen., and Thomas N. Trotta, Asst. Atty. Gen. and counsel, Salem.

Mark C. McClanahan, Portland, argued the cause for respondents. With him on the brief were T. Leonard O'Byrne and Miller, Anderson, Nash, Yerke & Wiener, Portland.

Before LANGTRY, P.J., and FOLEY and THORNTON, JJ.

LANGTRY, Judge.

This is an appeal by the Commissioner of Labor from a decision of the circuit court which allowed a writ of prohibition against the Commissioner and the Attorney General of Oregon. The writ limited the scope of an administrative hearing before the Commissioner and restricted demands made in a subpoena issued for the hearing.

The factual basis of the case is relatively free of dispute. A. Ruth Spencer had been a teacher-employe of the petitioner...

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