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STATE v. PAULUS

SC S31039.

691 P.2d 106 (1984)

298 Or. 281

STATE of Oregon, ex rel. John Sajo, Frederick J. Oerther, Sandee Burbank, and Greg Mihalik, Plaintiff-Relators, v. Norma PAULUS, Secretary of State for the State of Oregon, Julia Woods, Baker County Clerk, Daniel G. Burk, Benton County Clerk, Juanita N. Orr, Clackamas County Clerk, Norma Hunsinger, Clatsop County Clerk, Reta C. Kerry, Columbia County Clerk, Mary Ann Wilson, Coos County Clerk, Eugene P. Baumann, Curry County Clerk, Mary Sue Penhollow, Deschutes County Clerk, Doris L. Wadsworth, Douglas County Clerk, L.G. Sheirborn, Hood River County Clerk, Kathy Beckett, Jackson County Clerk, Elaine L. Henderson, Jefferson County Clerk, Georgette Brown, Josephine County Clerk, Evelyn Biehn, Klamath County Clerk, Karen O'Connor, Lake County Clerk, Jeff Faw, Lane County Finance and Management Services Director, Gloria McEwen, Lincoln County Clerk, Del Riley, Linn County Clerk, Alan H. Davidson, Marion County Clerk, Vicki Ervin, Multnomah County Clerk, Linda Cornie, Sherman County Clerk, June Wagner, Tillamook County Clerk, J. Dean Fouquette Sr., Umatilla County Clerk, Shirley L. Bolin, Union County Clerk, Sue A. Proffitt, Wasco County Clerk, Michael Cox, Washington County Clerk, Charles Stern, Yamhill County Clerk, Defendants.

Supreme Court of Oregon, In Banc.

Rehearing Denied January 8, 1985.

Attorney(s) appearing for the Case

On plaintiff-relators' petition for attorney fees filed September 19, 1984. 297 Or. 646, 688 P.2d 367 (1984).

Michael Rose, Milwaukie, for plaintiffs-relators.

Dave Frohmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Michael D. Reynolds, Asst. Atty. Gen., Salem, for defendant Secretary of State.

John B. Leahy, County Counsel for Multnomah County, Portland, and Paul Snider, Legal Counsel, Ass'n of Oregon Counties, Salem, for defendant counties.

MEMORANDUM OPINION.

Petition for attorney fees denied.

LINDE, J., dissented and filed opinion in which PETERSON, C.J., and ROBERTS, J., joined.

LINDE, Justice, dissenting.

Relators prevailed in an original mandamus proceeding in this court arising out of their efforts to place a measure on the ballot by initiative petition. State ex rel. Sajo v. Paulus, 297 Or. 646, 688 P.2d 367 (1984). They now petition...

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