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GORCIAK v. PAULUS

No. 118 321; CA 17753.

615 P.2d 411 (1980)

47 Or.App. 903

George Joseph GORCIAK III, Appellant, v. Norma PAULUS, Secretary of State of Oregon; and William Radakovich, County Clerk, Multnomah County, Respondents, and Drew Davis, Intervenor-Respondent.

Court of Appeals of Oregon.

Decided August 18, 1980.

Attorney(s) appearing for the Case

Gregory A. Hartman, Portland, argued the cause for appellant. On the brief were Charles S. Tauman, and Willner, Bennett, Bobbitt & Hartman, Portland.

John B. Leahy, County Counsel for Multnomah County, Portland, argued the cause and filed the brief for respondents Radakovich and Multnomah County.

Paul C. Paulsen, Portland, argued the cause and filed the brief for intervenor-respondent Davis.

Jan P. Londahl, Asst. Atty. Gen., Salem, waived appearance for respondent Secretary of State.

Before JOSEPH, P.J., and WARDEN and WARREN, JJ.

JOSEPH, Presiding Judge.

Plaintiff brought suit seeking to have the defendants enjoined from certifying Drew Davis as a candidate for State Representative in Representative District 20 on the May 20, 1980, primary ballot on the ground that Davis was not "an inhabitant" of the district as required by Article IV, section 8 of the Oregon Constitution. Defendants' motion to dismiss on the ground that the court did not have subject matter jurisdiction of the suit was allowed...

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