EGGE v. DAVIS


556 P.2d 153 (1976)

27 Or.App. 383

Vernon EGGE, Respondent, v. Charles DAVIS, Public Utility Commissioner of Oregon, Appellant.

Court of Appeals of Oregon.

Decided November 15, 1976.


Attorney(s) appearing for the Case

Bruce R. DeBolt, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Laurence E. Thorp, Springfield, argued the cause for respondent. With him on the brief was Sanders, Lively & Wiswall, Springfield.

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


THORNTON, Judge.

The issue in this case is the sufficiency of a "Notice of Highway Use Tax Assessment" which was sent by the defendant Public Utility Commissioner to petitioner.

The Commissioner appeals from the issuance of a peremptory writ of mandamus which held, in effect, that the Commissioner had failed to give petitioner sufficient notice of the challenged assessment.

The case arose out of the following circumstances:

The defendant Commissioner...

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