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SMITH v. PEET

564 P.2d 1083 (1977)

29 Or.App. 625

William E. SMITH, Scott K. Slaney, Individually and On Behalf of All Others Similarly Situated, Appellants, v. J.N. PEET, in His Official Capacity As Administrator of the Public Welfare Division of the State of Oregon, and the Public Welfare Division of the State of Oregon, Respondents, Leonard Vollmer, Individually and On Behalf of All Others Similarly Situated, Intervenor-Appellant.

Court of Appeals of Oregon.

Decided June 1, 1977.

Attorney(s) appearing for the Case

Kent B. Thurber, Marion-Polk Legal Aid Service, Inc., Salem, argued the cause and filed the brief for appellants and intervenor-appellant. With him on the brief was Robert B. Johnstone, Multnomah County Legal Aid, Portland.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondents. With him on the brief were James A. Redden, Atty. Gen., W. Michael Gillette, Sol. Gen., and Kathryn V. Kelty, Asst. Atty. Gen., Salem.

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

THORNTON, Judge.

Plaintiffs appeal from an order of the circuit court denying their motion for summary judgment and granting defendants' cross-motion for summary judgment.

The issue on appeal is whether ORS 411.710(1) requires general assistance to be granted by the Public Welfare Division (PWD) to employable but involuntarily unemployed persons who otherwise meet eligibility requirements.

ORS 411.710(1) provides:

"General assistance shall...

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