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STATE v. EXCEL LOGGING CO.

B69-206; CA A44950.

750 P.2d 177 (1988)

89 Or.App. 473

STATE of Oregon, Appellant, v. EXCEL LOGGING COMPANY, Respondent.

Court of Appeals of Oregon.

Decided February 10, 1988.

Attorney(s) appearing for the Case

Robert M. Atkinson, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

George A. Morris, Springfield, argued the cause for respondent. With him on the brief was Morris & O'Kief, Springfield.

Before WARDEN, P.J., JOSEPH, C.J., and VAN HOOMISSEN, J.

VAN HOOMISSEN, Judge.

The state appeals pursuant to ORS 138.060(1) from a pre-trial order dismissing a criminal complaint. Defendant was charged with failure to avoid cable line rub. OAR 629-43-026(2); ORS 477.625 et seq; ORS 477.993(4). Before trial, it filed a motion for an omnibus hearing, contending that OAR 629-43-026(2) is unconstitutionally vague and void on its face. See ORS 135.037. At the hearing, both parties made offers of proof. The trial...

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