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STATE EX REL. KOIN-TV v. OLSEN

No. A8307-04653, SC S31148.

711 P.2d 966 (1985)

300 Or. 392

STATE ex rel. Koin-Tv, Inc., a Delaware Corporation, Plaintiff-Relator, v. Clifford B. OLSEN, Judge of the Circuit Court of the State of Oregon for Multnomah County, Defendant.

Supreme Court of Oregon, In Banc.

Decided December 24, 1985.

Attorney(s) appearing for the Case

John E. Frohnmayer, Portland, argued the cause for plaintiff-relator. On the brief were Barbee B. Lyon and Tonkon, Torp, Galen, Marmaduke & Booth, Portland.

Ma Deva Anando, Rajneeshpuram, argued the cause for defendant. With her on the briefs was The Rajneesh Legal Services Corp., Rajneeshpuram.

LENT, Justice.

Is the operator of a television broadcasting station entitled to copy the videotape of a civil defendant's testimony after a trial in which that videotape was played to a jury in open court, marked as an exhibit and received in evidence? We hold that there is no entitlement.

The matter is before us on a motion to dismiss1 our alternative writ of mandamus commanding the defendant to permit copying or to show cause...

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