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BERCOT v. OREGON TRANSP. COMMISSION

570 P.2d 1195 (1977)

31 Or.App. 449

Lee BERCOT, Petitioner, v. THE OREGON TRANSPORTATION COMMISSION, Respondent.

Court of Appeals of Oregon.

Decided November 7, 1977.

Attorney(s) appearing for the Case

Lee Bercot, pro se.

James A. Redden, Atty. Gen., Al J. Laue, Sol. Gen., and James C. Rhodes, Asst. Atty. Gen., Salem, filed the brief for respondent.

Before SCHWAB, C.J., and RICHARDSON and ROBERTS, JJ.

SCHWAB, Chief Judge.

This is a direct appeal under ORS 183.4001 challenging the validity of a rule promulgated by the Oregon Transportation Commission (OTC).

On February 27, 1974, ORS 487.475 became effective. ORS 487.475 gives the OTC the authority to fix a maximum speed of 55 miles per hour upon all highways in this state

"[w]henever [it] determines that there is a need to conserve fuel because of current or imminent...

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