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STATE EX REL. HUNTINGTON, ETC. v. SULMONETTI

557 P.2d 641 (1976)

276 Or. 967

STATE of Oregon ex rel. Huntington Rubber Mills, Plaintiff-Relator, v. The Honorable Alfred T. SULMONETTI, Judge of the Circuit Court of the State of Oregon for Multnomah County, Defendant.

Supreme Court of Oregon, In Banc.

Decided December 16, 1976.

Attorney(s) appearing for the Case

Elden M. Rosenthal, Portland, argued the cause for defendant. With him on the briefs was Charles Paulson, Portland.

Williams A. Masters, Portland, argued the cause for plaintiff-relator. With him on the brief were William L. Hallmark, and Jones, Lang, Klein, Wolf & Smith, Portland.

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

Argued and Submitted on Plaintiff-Relator's Demurrer to Defendant's Answer to Alternative Writ October 6, 1976.

HOLMAN, Justice.

This is a mandamus proceeding. Plaintiff-relator (employer) seeks our writ commanding a circuit court judge to vacate his order remanding a claim for workmen's compensation benefits back to the Workmen's Compensation Board. The claim had been denied by the Board on the ground that it was barred by prior litigation under the doctrine...

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