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BAHR v. MARION COUNTY

No. 102,875; CA 10967.

590 P.2d 1240 (1979)

38 Or.App. 597

Les BAHR, Appellant, v. MARION COUNTY, Harry Carson, Jr., Pat McCarthy and Walter R. Heine, Respondents.

Court of Appeals of Oregon.

Decided February 20, 1979.

Attorney(s) appearing for the Case

Dennis Sarriugarte, Salem, argued the cause and filed a brief for appellant.

Richard Ligon, Asst. Legal Counsel, Marion County, Salem, argued the cause for respondents. With him on the brief was Frank C. McKinney, Marion County Legal Counsel, Salem.

Before SCHWAB, C.J., GILLETTE and ROBERTS, JJ., and HOWELL, J. Pro Tem.

HOWELL, Judge Pro Tem.

The trial court issued an order striking plaintiff's second amended complaint in this action and entered a judgment dismissing the action. Plaintiff appeals, and we reverse.

Plaintiff's original complaint in equity alleged that plaintiff was a taxpayer1 and that the defendants, Marion County Commissioners, have adopted a policy allowing use of county vehicles by certain county officers "for regular home to...

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