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STATE EX REL. ROBERTS v. McCONNVILLE

SC S37465.

797 P.2d 365 (1990)

310 Or. 283

STATE ex rel. Barbara Roberts, Secretary of State, Anthony Meeker, Fred D. Miller and Richard A. Munn and Dick Sohrt, Plaintiffs-Relators, v. Robert B. McConnville, Circuit Court Judge for Marion County, Defendant.

Supreme Court of Oregon, In Banc.

September 13, 1990.

Attorney(s) appearing for the Case

Virginia L. Linder, Sol. Gen., Salem, for plaintiffs-relators. With her on the petition were Dave Frohnmayer, Atty. Gen., and Michael D. Reynolds, Asst. Sol. Gen., Salem.

David R. Barrow, Portland, for defendant. With him on the response were Byrne & Barrow and Gregory W. Byrne, Portland.

ORDER DENYING PETITION

Petition for writ of mandamus denied.

GILLETTE and FADELEY, JJ., dissent and file opinions.

GILLETTE, Justice, dissenting.

I would issue an alternative writ of mandamus, and therefore dissent from the majority's decision to the contrary.

While the analysis in the separate dissent of Fadeley, J., may be correct, I see no need to go into the merits here. For me, it is sufficient that a vital interest of the electorate...

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