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ADULT & FAMILY SERVICES DIVISION v. SCOGGINS

No. 16-79-06879; CA 16162.

620 P.2d 962 (1980)

49 Or.App. 769

ADULT and FAMILY SERVICES DIVISION of the State of Oregon, Appellant, Cross-Respondent, v. Audrey SCOGGINS, Respondent, Cross-Appellant.

Court of Appeals of Oregon.

Decided December 15, 1980.

Attorney(s) appearing for the Case

William F. Gary, Deputy Sol. Gen., Salem, argued the cause for appellant, cross-respondent. With him on the briefs were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and W. Benny Won, Asst. Atty. Gen., Salem.

Michael L. Williams, Eugene, argued the cause for respondent, cross-appellant. With him on the briefs was Johnson, Harrang, Swanson & Long, Eugene.

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

JOSEPH, Presiding Judge.

Plaintiff brought this action pursuant to ORS 411.620(1)1 to recover public assistance allegedly unlawfully obtained by defendant. Defendant demurred on the ground that the action was barred by ORS 12.110(2), the two-year statute of limitations applicable to actions "upon a statute for a forfeiture or penalty to the state or county * * *." The demurrer was sustained, and judgment was entered for the defendant....

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