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LIPSCOMB v. STATE EX REL. BD. OF HIGHER ED.

85-0618; CA A39708.

736 P.2d 571 (1987)

85 Or.App. 241

Paul J. LIPSCOMB, Donna M. Lipscomb, John W. Jensen, Paula M. Bechtold, and Robert D. Laird, Respondents, v. STATE of Oregon by and through the State Board of Higher Education, the Department of Higher Education, the Public Employe's Retirement Board and the Public Employe's Retirement System, and William E. (Bud) Davis, Ross Hall and Kenneth Maul, Appellants, and William E. Whitelaw, Individually and As Class Representative, Respondent.

Court of Appeals of Oregon.

Decided May 6, 1987.

Attorney(s) appearing for the Case

William F. Gary, Deputy Atty. Gen., Salem, argued the cause for appellants. With him on the brief were Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., Virginia L. Linder, Asst. Sol. Gen., and Richard D. Wasserman, Asst. Atty. Gen., Salem.

Thomas C. Tankersley, McMinnville, argued the cause for respondents Paul J. Lipscomb, Donna M. Lipscomb, John W. Jensen, Paula M. Bechtold, and Robert D. Laird. With him on the brief were Drabkin, Tankersley and Richardson, McMinnville, and Paul J. Lipscomb, Salem.

Timothy J. Sercombe, and Harrang, Long, Watkinson & Arnold, Eugene, filed the brief for respondent William E. Whitelaw.

Kathleen Beaufait, Chief Deputy Legislative Counsel, and Ted Reutlinger, Deputy Legislative Counsel, Salem, filed a brief amicus curiae for Legislative Assembly.

Before WARDEN, P.J., JOSEPH, C.J., and YOUNG, J.

WARDEN, Presiding Judge.

This is a taxpayers' action for declaratory relief, challenging the validity of the Governor's veto of portions of a non-appropriation bill. The bill also contained a provision declaring an emergency. Defendants are the State Board of Higher Education, the Department of Higher Education (the Department), the Public Employe's Retirement System (PERS) and several of their officials.1 Defendants and plaintiffs all...

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