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SCOTT v. CUPP

No. 124829; CA A21112.

637 P.2d 173 (1981)

55 Or.App. 23

Edwin SCOTT, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided December 7, 1981.

Attorney(s) appearing for the Case

Lester E. Seto, Salem, argued the cause, for appellant. On the brief was Jay R. Jackson, Salem.

Virginia L. Linder, Asst. Atty. Gen., Salem, argued the cause, for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.

RICHARDSON, Presiding Judge.

Plaintiff, an inmate of the Oregon State Penitentiary, appeals an order dismissing his petition for a writ of habeas corpus. We affirm.

Plaintiff petitioned in the circuit court for a writ of habeas corpus and subsequently filed a replication as authorized by ORS 34.670. Defendant moved to dismiss the petition on the ground that the replication did not state ultimate facts sufficient to constitute a claim for relief.

Plaintiff...

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