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STATE EX REL. CITY OF EUGENE v. WOODRICH

TC 16-82-08260; SC 29275.

665 P.2d 333 (1983)

295 Or. 123

STATE ex rel. City of Eugene, a Municipal Corporation, Plaintiff-Relator, v. The Honorable George J. WOODRICH, Circuit Court Judge of the State of Oregon for Lane County, Defendant.

Supreme Court of Oregon.

Decided June 7, 1983.

Attorney(s) appearing for the Case

Timothy Sercombe of Harrang & Swanson, Eugene, argued the cause and filed brief for plaintiff-relator.

Thomas B. Russell of Husk, Gleaves, Swearingen, Larsen & Potter, Eugene, argued the cause and filed brief for defendant.

Before LENT, C.J., and LINDE, PETERSON, CAMPBELL, CARSON and JONES, JJ.

LINDE, Justice.

By petition for a writ of mandamus the City of Eugene brings to this court the question whether a circuit court may deny or delay an order of immediate possession of land, when the city has brought an action to condemn the land and has deposited the estimated compensation with the circuit court. The course of the proceedings presents issues of mandamus procedure in this court interrelated with events in the condemnation action in the circuit court...

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