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LANE COUNTY v. PAULUS

No. 126966; CA A21806.

644 P.2d 616 (1982)

LANE COUNTY, a Political Subdivision of the State of Oregon, Appellant, v. Norma PAULUS, Secretary of State, State of Oregon, Respondent. Grant County, a Political Subdivision of the State of Oregon, Intervenor, v. Norma Paulus, Secretary of State, State of Oregon, Defendant.

Court of Appeals of Oregon.

Decided May 12, 1982.

Attorney(s) appearing for the Case

Paul R. Romain, Portland, argued the cause for appellant. On the briefs were Teresa J. Wilson, Asst. County Counsel, Lane County Office of Legal Counsel, Eugene, Richard D. Roberts and Ragen, Roberts, O'Scannlain, Robertson & Neill, Portland.

Peter S. Herman, Senior Counsel, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., Stanton F. Long, Deputy Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Stuart M. Brown, and Young, Horn, Cass & Scott, Eugene, filed a brief amicus curiae for Associated Gen. Contractors.

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

RICHARDSON, Presiding Judge.

This is a declaratory judgment action in which plaintiff Lane County contends that it has statutory discretion to commingle federal forest revenues in the county road fund with other county monies for the purpose of investment and to credit all the interest earned from the commingled investments to the county's general fund. See 16 U.S.C.A. § 500; ORS 293.560; ORS 294.060(1). Defendant Secretary of State

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