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ROBERTS v. THIES

16-80-04750; CA A29113.

689 P.2d 356 (1984)

70 Or.App. 256

Jo Lu ROBERTS, Respondent, v. Dorothy M. THIES, Defendant, and City of Eugene, a Municipal Corporation, Appellant.

Court of Appeals of Oregon.

Decided October 10, 1984.

Reconsideration Denied December 21, 1984.

Review Denied January 15, 1985.

Attorney(s) appearing for the Case

John Arnold, Eugene, argued the cause for appellant. On the briefs were Martha L. Walters, and Harrang, Swanson, Long & Watkinson, P.C., Eugene.

Wayne G. Helikson, Eugene, argued the cause and filed the brief for respondent.

William J. Juza, Salem, and Christopher P. Thomas, Portland, filed a brief amicus curiae for City of Salem and City of Portland. Fred Roy Neal III, Salem, for League of Oregon Cities, joined in the amicus curiae brief.

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

WARREN, Judge.

Defendant City of Eugene appeals from a judgment in which it was found liable under 42 U.S.C. § 1983 (1982),1 for refusing to issue a ballot title to refer to the city's voters an ordinance adopted by the Eugene City Council.

Defendant assigns as error the following rulings of the trial court: (1) granting plaintiff partial summary judgment on the issue of whether the...

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