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  5. 688 P.2d 1303 (1984)
 

STATE EX REL. FIDANQUE v. PAULUS

SC S31002.

688 P.2d 1303 (1984)

297 Or. 711

STATE of Oregon ex rel. David J. Fidanque, Lisa Fithian-Barrett, and Paul K. Wichman, Plaintiff-Relators, v. Norma PAULUS, Secretary of State of the State of Oregon, Defendant, Robert Kouns, Intervenor.

Supreme Court of Oregon, In Banc.

Decided September 5, 1984.

Attorney(s) appearing for the Case

Richard M. Botteri and Leland R. Berger, Portland, argued the cause and filed a Memorandum and Application and Petition for Writ of Mandamus for plaintiff-relators. With them on the Memorandum and Application and Petition was Emily Simon, Portland.

Virginia Linder, Asst. Atty. Gen., Salem, argued the cause and filed Motion to Dismiss Alternative Writ of Mandamus and Memorandum for defendant. With her on the Motion and Memorandum were Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., John A. Reuling, Jr., Sp. Counsel, and Robert M. Atkinson, Asst. Atty. Gen., Salem.

John C. Bradley, Portland, argued the cause and filed briefs on behalf of intervenor Robert Kouns.

CAMPBELL, Justice.

This is a mandamus proceeding over which this court took original jurisdiction pursuant to Article VII, (Amended), section 2, of the Oregon Constitution, and ORS 34.120. It relates to Ballot Measure Number 8 titled "Revises Numerous Criminal Laws Concerning Police Powers, Trials, Evidence, Sentencing."

Plaintiff-Relators allege that the Secretary of State breached her constitutional duty by certifying a prospective petition and allocating...

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