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PEN-NOR, INC. v. OREGON DEPT. HIGHER ED.

8604-02428; CA A42057.

742 P.2d 643 (1987)

87 Or.App. 305

PEN-NOR, INC., Appellant, v. OREGON DEPARTMENT OF HIGHER EDUCATION, Aka Oregon State System of Higher Education; Oregon State Board of Higher Education; and Hyland & Sons, Inc., Respondents.

Court of Appeals of Oregon.

Decided September 9, 1987.

Attorney(s) appearing for the Case

Charles J. Merten, Portland, argued the cause for appellant. With him on the briefs were Merten & Fink and Merten & Yugler, Portland.

John A. Reuling, Jr., Asst. Atty. Gen., Salem, argued the cause for respondent Oregon Dept. of Higher Educ. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

No appearance for Hyland & Sons, Inc.

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

WARREN, Judge.

Plaintiff simultaneously sought a declaratory judgment under ORS 28.010 and review of an administrative order under ORS 183.484. Defendants Department of Higher Education and State Board of Higher Education (defendants)1 moved to dismiss both claims for lack of standing.2 The court granted the motion, and plaintiff appeals.

Plaintiff is a certified minority business enterprise (MBE) and...

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