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STATE v. A 1963 CORVETTE AUTOMOBILE

501 P.2d 330 (1972)

STATE of Oregon, Appellant, v. A 1963 CORVETTE AUTOMOBILE, Oregon License 3W 6977, Respondent.

Court of Appeals of Oregon.

Decided September 28, 1972.

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 John W. Osburn, Sol. Gen., Salem.

Lawrence B. Rew, Pendleton, and Carl J.D. Bauman, certified law student, University of Oregon, Eugene, argued the cause for respondent. On the brief were Corey, Byler & Rew, Pendleton.

Before SCHWAB, C.J., and FOLEY and FORT, JJ.

FORT, Judge.

This in rem proceeding was brought by the state to forfeit a vehicle under former ORS 475.120(2). The owner of the vehicle, Richard B. Montgomery, appeared pursuant to notice and filed an answer in bar raising specifically the defense of res judicata. The court upheld the plea in bar and entered judgment thereon dismissing plaintiff's complaint. Plaintiff appeals.

The case was presented pursuant to an agreed narrative statement of facts submitted...

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