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OREGON MEDICAL ASS'N v. RAWLS

557 P.2d 664 (1976)

276 Or. 1101

OREGON MEDICAL ASSOCIATION, a Non-Profit Corporation, Appellant, v. The Hon. Lester RAWLS, Insurance Commissioner of the State of Oregon, Defendant, and Kaiser Foundation Hospitals, a California Corporation, and the Permanente Clinic, a Partnership, Intervenor-Respondents and Cross-Appellants, and Allan Daniel Sobel et al., Intervenor-Respondents and Cross-Appellants. C.H. Hagmeier, M.D., Appellant, v. The Hon. Lester Rawls, Insurance Commissioner of the State of Oregon, Defendant, and Kaiser Foundation Hospitals, a California Corporation, and the Permanente Clinic, a Partnership, Intervenor-Respondents and Cross-Appellants, and Allan Daniel Sobel et al., Intervenor-Respondents and Cross-Appellants.

Supreme Court of Oregon, In Banc.

Decided December 23, 1976.

Attorney(s) appearing for the Case

Charles D. Ruttan, of Morrison, Dunn, Cohen, Miller & Carney, Portland, argued the cause and filed a brief for appellants Oregon Medical Association and C.H. Hagmeier, M.D.

William L. Hallmark, of Jones, Lang, Klein, Wolf & Smith, Portland, argued the cause and filed a brief for intervenor respondents and cross-appellants Kaiser Foundation Hospitals, and The Permanente Clinic, and Ronald B. Lansing, Portland, argued the cause and filed a brief for intervenor-respondents and cross-appellants Sobel, Scott, Coon, Degner and Ward.

R. Ladd Longquist and Burl Green, Portland, filed a brief amicus curiae for Oregon Trial Lawyers Association.

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

O'CONNELL, Justice.

This is a declaratory judgment proceeding which originated in a complaint filed by the Oregon Medical Association and C.H. Hagmeier, a physician, against Lester Rawls, Insurance Commissioner for the State of Oregon, seeking a decree declaring constitutional ORS Chapter 752.

ORS ch. 752 was enacted by the 1975 Legislature in order to assure that "physicians in this state be insured for professional liability and that the insurance be available...

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