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STATE EX REL. HAAS v. ONE 1965 FORD AUTO., LIC. HBH 029

529 P.2d 410 (1974)

STATE of Oregon ex rel. Harl HAAS, District Attorney of Multnomah County, Appellant, v. ONE 1965 FORD AUTOMOBILE, OREGON LICENSE NO. HBH 029, Respondent.

Court of Appeals of Oregon.

Decided December 23, 1974.

Rehearing Denied January 29, 1975.

Review Denied February 11, 1975.

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 W. Michael Gillette, Sol. Gen., Salem.

Howard R. Lonergan, Portland, argued the cause for respondent. With him on the brief was A.I. Bernstein, Portland.

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

TANZER, Judge.

The state brought this in rem proceeding for the forfeiture of an automobile pursuant to ORS 167.247, 471.660 and 471.665. The complaint alleged the statutory requisites that the automobile was used to transport marihuana with the knowledge of its operator, Gregory Feigion, who was subsequently convicted of criminal activity in drugs. The circuit court sustained the demurrer of Gregory and Jacob Feigion, the owner and lienholder of the automobile...

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