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CHAMBERS v. MAASS

87-C-10278; CA A45129.

758 P.2d 393 (1988)

92 Or.App. 283

William Bud CHAMBERS, Appellant, v. Fred MAASS, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided August 3, 1988.

Attorney(s) appearing for the Case

Steven H. Gorham, Salem, argued the cause and filed the brief for appellant.

Frank Gruber, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before WARDEN, P.J., and VAN HOOMISSEN and GRABER. JJ.

WARDEN, Presiding Judge.

Petitioner appeals from a judgment dismissing his petition for a writ of habeas corpus entered after the trial court had granted the state's motion for summary judgment. We affirm.

The facts are not in dispute. On August 9, 1984, while petitioner was on temporary leave from the Oregon State Penitentiary (OSP) pursuant to ORS 421.165(2)(b), he was arrested on new robbery charges and returned to OSP. He was indicted on two counts of...

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