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FITCH v. BELSHAW

Civ. No. 83-991-PA.

581 F.Supp. 273 (1984)

Joe FITCH, Sharlene Parrott, Fie Wash, Donald Brawner, and John Young, Plaintiffs, v. Elizabeth BELSHAW, State Court Administrator; and Edwin Peterson, Chief Justice of the Oregon Supreme Court, Defendants.

United States District Court, D. Oregon.

February 6, 1984.

Attorney(s) appearing for the Case

Tom Steenson, Parkinson, Fontana, Schumann, Jones, Ellis & Steenson, Portland, Or., for plaintiffs.

Dave Frohnmayer, Atty. Gen., Rochelle Nedeau, Asst. Atty. Gen., Dept. of Justice, Salem, Or., for defendants.

OPINION AND ORDER

PANNER, District Judge.

Plaintiffs bring this action for declaratory and injunctive relief pursuant to 42 U.S.C. § 1983. They now seek a summary judgment that the Oregon recoupment statute, ORS 135.055(6) (1981), is unconstitutional under the Sixth and Fourteenth Amendments to the United States Constitution. A class certification hearing was postponed pending determination of this issue...

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