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PALMER v. OREGON STATE PENITENTIARY, CORR. DIV.

545 P.2d 141 (1976)

James R. PALMER, Petitioner, v. OREGON STATE PENITENTIARY, Corrections Division, Respondent.

Court of Appeals of Oregon.

Decided January 26, 1976.

Attorney(s) appearing for the Case

John K. Hoover, Deputy Public Defender, Salem, argued the cause for petitioner. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen. and W. Michael Gillette, Sol. Gen., Salem.

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

SCHWAB, Chief Judge.

This is a petition for review, pursuant to ORS 421.195,1 of an order of the Superintendent of the Oregon State Penitentiary.

Petitioner was an inmate working at a forest camp. After working a long shift on a firefighting crew, petitioner was notified that the crew would have to return to the fire following a six-hour break. All the crew returned to the fire at the appointed hour except petitioner who refused...

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