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BARNES v. PAULUS

No. 107216; CA 11918.

588 P.2d 1120 (1978)

36 Or.App. 327

Jack R. BARNES, Helen Drummonds, Appellants, v. Norma PAULUS, Secretary of State of the State of Oregon, James A. Redden, Attorney General of the State of Oregon, Jim Whittenburg, Respondents.

Court of Appeals of Oregon.

Decided September 29, 1978.

Attorney(s) appearing for the Case

Robert D. Durham, Eugene, argued the cause for appellants. With him on the brief was Kulongoski, Heid, Durham & Drummonds, Eugene.

James A. Redden, Atty. Gen., Salem, argued the cause for respondent Norma Paulus, Secretary of State of the State of Or., and respondent James A. Redden, Atty. Gen. of the State of Or. With him on the brief were James W. Durham, Sr., Chief Counsel, Trial, Walter L. Barrie, Sol. Gen., and Al J. Laue, Asst. Atty. Gen., Salem.

Charles D. Burt, Salem, waived appearance for respondent Jim Whittenburg.

Before SCHWAB, C.J., and JOHNSON, GILLETTE and ROBERTS, JJ.

SCHWAB, Chief Judge.

The principal issues presented by this appeal are whether an initiative measure proposing an amendment to the Oregon Constitution is in fact a revision and whether the initiating petition for this measure is legally sufficient to place the measure on the November 7, 1978 statewide ballot.

On January 20, 1978, defendant Jim D. Whittenburg filed a preliminary petition with the Secretary of State's office.1 This...

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