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STATE EX REL. KANE v. GOLDSCHMIDT

No. SC S36443.

783 P.2d 988 (1989)

STATE ex rel. Henry Kane, Plaintiff-Relator, v. Neil GOLDSCHMIDT, Governor, State of Oregon; Tony Meeker, State Treasurer, State of Oregon; Dan Simmons, Director, Oregon Department of General Services, an Agency of the State of Oregon, and Oregon Department of General Services, Defendants.

Supreme Court of Oregon, In Banc.

Decided December 4, 1989.

Reconsideration Denied January 11, 1990.

Attorney(s) appearing for the Case

Henry Kane, Beaverton, argued the cause and submitted the briefs pro se.

Michael D. Reynolds, Asst. Sol. Gen., Salem, argued the cause for defendants. With him on the briefs were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., Robert W. Muir, William F. Nessly, Jr., and Linda Rodgers, Asst. Attys. Gen., Salem.

PETERSON, Chief Justice.

This is an original proceeding in mandamus filed after the Legislative Assembly enacted Oregon Laws 1989, chapter 1032 (chapter 1032). The plaintiff seeks (1) to have the law declared unconstitutional and (2) to halt proposed government action thereunder. The plaintiff seeks a peremptory writ of mandamus directing the defendants to "halt actions and expenditures to implement" chapter 1032 and "not...

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