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CROSS OF MALTA BUILDING CORPORATION v. STRAUB

479 P.2d 505 (1971)

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 January 19, 1971.

Attorney(s) appearing for the Case

Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem, for defendants.

William G. Paulus, Paulus & Callaghan, and Fred H. Paulus, Salem, filed a brief for plaintiff.

Submitted on Defendants' Petition for Clarification or Supplementation Filed December 8, 1970.

O'CONNELL, Chief Justice.

Defendants have asked us to clarify our opinion in this case by deciding the extent of the state's liability to pay interest on the moneys diverted to the General Fund from the Oregon War Veterans' Fund. The issue of defendants' liability for interest was not litigated in the trial of the cause. However, the complaint did contain a prayer...

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