No. A7906-03119; CA 18935.

632 P.2d 1338 (1981)

53 Or.App. 759

James M. BROWN, Attorney General of Oregon, Appellant, v. OREGON STATE BAR, Respondent.

Court of Appeals of Oregon, In Banc.

Decided September 8, 1981.

Resubmitted September 2, 1981.

Attorney(s) appearing for the Case

Peter S. Herman, Senior Counsel, Salem, argued the cause for appellant. With him on the briefs were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., William F. Gary, Deputy Sol. Gen., and Norman W. Legernes, Asst. Atty. Gen., Salem.

Barnes H. Ellis, Portland, argued the cause for respondent. With him on the brief was Andrew R. Gardner, Portland.

Resubmitted In Banc September 2, 1981.


Plaintiff appeals a summary judgment and assigns as error the trial court's dismissal of his complaint. Three questions are raised for our consideration: (1) did the trial court have subject matter jurisdiction in this case to issue a declaratory judgment; (2) did plaintiff's complaint allege a justiciable controversy; and (3) did the court abuse its discretion in denying plaintiff declaratory relief...

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