STATE EX REL. ECKLES v. LIVERMORE

16-83-00926; CA A28776.

696 P.2d 1153 (1985)

72 Or.App. 650

STATE ex rel. Frank R. Eckles, Dba Riverview Marina, Respondent-Cross-Appellant, v. Le Roy LIVERMORE, Lynn Newbry, John Slevin, F.F. Montgomery, and Donna Woolley, Appellants-Cross-Respondents.

Court of Appeals of Oregon.

Decided March 20, 1985.

Reconsideration Denied May 10, 1985.


Attorney(s) appearing for the Case

James E. Mountain, Jr., Sol. Gen., argued the cause for appellants-cross-respondents. With him on the briefs were Dave Frohnmayer, Atty. Gen., William F. Gary, Deputy Atty. Gen., and Richard D. Wasserman, Asst. Atty. Gen., Salem.

Robert Mix, Corvallis, argued the cause and filed the brief for respondent-cross-appellant.

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


BUTTLER, Presiding Judge.

In this quo warranto proceeding, plaintiff sought a judgment that SAIF Corporation, of which defendants are the directors, does not exist validly, because the legislature created the corporation by special legislation in violation of Article XI, section 2, of the Oregon Constitution. Ancillary to that relief, plaintiff asked that SAIF Corporation be declared a mutual insurance company whose assets belong to insured employers (including...

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