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STATE EX REL. YRAGUEN v. DORROH

530 P.2d 29 (1974)

STATE of Oregon ex rel. F.J. Yraguen, District Attorney for Malheur County, Plaintiff, v. Jeff D. DORROH, Judge of the Circuit Court of the State of Oregon for the Ninth Judicial District, Defendant.

Supreme Court of Oregon.

Decided December 31, 1974.

Attorney(s) appearing for the Case

F.J. Yraguen, argued the cause and filed a brief pro se.

Roy Kilpatrick, John Day, argued the cause and filed a brief for defendant.

Before O'CONNELL, C.J., and HOLMAN, TONGUE, HOWELL, BRYSON and SLOPER, JJ.

HOLMAN, Justice.

This is an original proceeding in mandamus to require the defendant, a circuit judge, to allow the motion of plaintiff, an attorney, for a change of judge, pursuant to ORS 14.260. We allowed an alternative writ of mandamus ordering defendant to withdraw or to show why he should not do so.

The answer to the alternative writ admitted the allegations of the petition for the writ, except for the allegation that plaintiff's motion was timely filed...

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