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APPLICATION OF PITT

No. 16-81-06435; CA A22089.

642 P.2d 703 (1982)

56 Or.App. 751

In the matter of the APPLICATION OF Sherman Theo PITT, for a Writ of Habeas Corpus. Sherman Theo Pitt, Appellant, v. Benjamin F. Sunderland, Captain Director of the Adult Correction Division, Lane County Department of Public Safety, Respondent.

Court of Appeals of Oregon.

Decided April 5, 1982.

Attorney(s) appearing for the Case

Thomas L. Fagan, Eugene, argued the cause and filed the brief for appellant.

William F. Nessly, Jr., Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen. and William F. Gary, Sol. Gen., Salem.

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

PER CURIAM.

Plaintiff appeals from an order in a habeas corpus proceeding sustaining a demurrer1 to his replication to the return to the writ. The order appealed from provides: "It is ordered that the demurrer be sustained, with plaintiff being allowed to plead further." An order sustaining a demurrer is not appealable. J. Gregcin, Inc. v. City of Dayton, 287 Or. 709, 601 P.2d 1254...

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