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HENDERSON v. SMITH

577 P.2d 504 (1978)

David Allan HENDERSON, Respondent, v. Frederick T. SMITH, Municipal Judge of the City of Lake Oswego, Appellant.

Supreme Court of Oregon, In Banc.

Argued and Submitted March 10, 1978.

Attorney(s) appearing for the Case

Richard J. Geisert, Certified Law Student, Lake Oswego, argued the cause for appellant. With him on the briefs was Lawrence Wm. Jordan, Jr., Lake Oswego.

Jeffery C. Bodie, Certified Law Student, Portland, argued the cause for respondent. On the brief was Robert D. Katz, of Martin, Bischoff, Templeton, Biggs & Ericsson, Portland.

TONGUE, Justice.

This is an appeal by the judge of the municipal court of the city of Lake Oswego from a peremptory writ of mandamus issued by the circuit court of Clackamas County directing him to transfer petitioner's case to the district court of Clackamas County.

Petitioner was arrested in the city of Lake Oswego by a city police officer and charged with driving with a suspended operator's license, a state offense under ORS 487.560. On May 24, 1977, petitioner...

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