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MONTGOMERY v. CITY OF WEST LINN

528 P.2d 1085 (1974)

Michael D. MONTGOMERY, Respondent, v. CITY OF WEST LINN and West Linn Municipal Court, Appellants. Norman Berney, Respondent, v. CITY OF WEST LINN AND WEST LINN MUNICIPAL COURT, Appellants. Ronald Dean Lawhorn, Respondent, v. CITY OF WEST LINN and West Linn Municipal Court, Appellants. Alden J. Rondeau, Respondent, v. City of West Linn and West Linn Municipal Court, Appellants.

Court of Appeals of Oregon.

Decided December 9, 1974.

Attorney(s) appearing for the Case

John H. Hammond, Jr., Oregon City, argued the cause for appellants. With him on the briefs were Biggs & Hutchison, Oregon City.

James C. Tait, Oregon City, argued the cause for respondents. On the brief were Hibbard, Caldwell, Canning, Bowerman & Schultz and Donald B. Bowerman, Oregon City, for respondent Montgomery; Sidney A. Brockley and Jack, Goodwin & Urbigkeit, Oregon City, for respondents Berney and Lawhorn; and Dale D. Liberty, Sr., Oregon City, for respondent Rondeau.

Before SCHWAB, C.J., and THORNTON and TANZER, JJ.

THORNTON, Judge.

These are consolidated appeals by respondents City of West Linn and its Municipal Court from a decision of the Clackamas County Circuit Court which allowed separate writs of prohibition against the city's municipal court. Each writ prohibited the city court from proceeding with the prosecution of each of the petitioners on charges involving the operation of a motor vehicle while under the influence of intoxicating liquor, in violation of municipal...

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