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MATTER OF CONSTITUTIONAL TEST OF HOUSE BILL

574 P.2d 1103 (1978)

281 Or. 293

In the matter of the Constitutional Test of House Bill 3017, Oregon Laws, 1977. Oregon Medical Association, Petitioner, v. LESTER RAWLS, Insurance Commissioner, Respondent.

Supreme Court of Oregon, In Banc.

Decided February 8, 1978.

Attorney(s) appearing for the Case

Charles D. Ruttan, Portland, argued the cause for petitioner. With him on the brief were Thomas E. Cooney and Morrison, Dunn, Cohen, Miller & Carney, Portland.

Jan P. Londahl, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen.

J. Michael Alexander, Salem, argued the cause for Oregon Trial Lawyers Ass'n as amicus curiae. With him on the brief was Charles D. Burt of Brown, Burt & Swanson, Salem.

Before DENECKE, C.J., and HOLMAN, BRYSON, LENT and LINDE, JJ.

Argued and Submitted in Eugene November 4, 1977.

LINDE, Justice.

ORS chapter 752, enacted in 1975 and amended in 1977, provides a plan under which participating physicians may secure themselves against personal liability for professional negligence. If a physician maintains professional liability insurance for specified amounts and contributes to an excess liability fund established under the statute, any claim for damages that may arise from his professional...

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