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FERNLEAF v. PUBLISHERS PAPER CO.

81-11-128; CA A23462.

657 P.2d 723 (1983)

61 Or.App. 439

Richard FERNLEAF, Ken Chastain, Ray Rogers, John Keicher, John Fernleaf, Thomas Williams, Larry Chastain, Carolyn Altringer, David Berkey, Bob Robertson, Frank Wilson, Richard Johnson, and Art Johnson, Respondents, Appellants, v. PUBLISHERS PAPER COMPANY, Appellant, Respondent.

Court of Appeals of Oregon.

Decided February 2, 1983.

Attorney(s) appearing for the Case

Jeffrey M. Batchelor, Portland, argued the cause for appellant, respondent. With him on the briefs were Charles J. Pruitt, and Spears, Lubersky, Campbell & Bledsoe, Portland.

Barbara J. Rose, Portland, argued the cause and filed the briefs for respondents, appellants.

Before RICHARDSON, P.J., JOSEPH, C.J., and VAN HOOMISSEN, J.

JOSEPH, Chief Judge.

Plaintiffs obtained an alternative writ of mandamus directing their employer to stop withholding federal income taxes from their paychecks pursuant to 26 U.S.C. § 3402. Defendant failed to make a timely return on the writ, and it was made peremptory. Then defendant obtained an ex parte order extending the return date and moved to dismiss the alternative writ. The next day it moved to vacate the order for and to recall the peremptory...

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