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HUNTER v. CITY OF EUGENE

USDC 88-6164-E; SC S36101.

787 P.2d 881 (1990)

309 Or. 298

Joan HUNTER; Peter H. Ogan; Don Cataldo; Nancy Oft-Rose; Richard Doering; Curt Sexton; Peter Mandrapa; Tom Wiper; Lawrence Von Seeger; Geraldine Tomseth; Susan Chubb; Paul Hymes; Patricia Mahoney; Donald Adkins; Linda Ague; Kathleen Susan Bear; Dan O'Neil; Ken Shindledecker; Gordon Roberts, Plaintiffs, v. CITY OF EUGENE, a Municipal Corporation William L. De Forrest; Everett Hall; Michael Gleason; Merle Olson; Dave Arts; Pat Ryan; Enes Smith; Darwin Dragt; Rick Gilliam; Mike Southey; Roland Carter; Gary Van Riper; Dennis Baker; Paul Schwartz; Jim Fields; Verne Hoyer; Rick Raynor; Mike Galick; Mike Cline; Don Norenberg; David Biggs; Tom Brett; James Green; Robert Wilson; Gary West; William Speicher; Jan Clements and Other John Doe Defendants Twenty-Five through Fifty, Defendants.

Supreme Court of Oregon.

Argued and Submitted September 6, 1989.

Attorney(s) appearing for the Case

Robert D. Durham, of Durham, Drummonds, Smith & Wiser, Portland, argued the cause and filed the briefs for plaintiffs.

William F. Gary, of Harrang, Long, Watkinson, Arnold & Laird, P.C., Eugene, argued the cause for defendants. With him on the brief were Jens Schmidt and Milo R. Mecham, Eugene.

John Paul Graff, of Graff & O'Neil, Portland, filed a brief on behalf of amicus curiae American Civ. Liberties Union of Oregon, Inc.

David A. Ernst, of Bullivant, Houser, Bailey, Pendergrass & Hoffman, Portland, filed a brief on behalf of amicus curiae The Ass'n of Oregon Counties. With him on the brief was Douglas R. Andres, Portland.

Before PETERSON, C.J., and CARSON, LINDE, JONES, GILLETTE, VAN HOOMISSEN and FADELEY, JJ.

JONES, Justice.

This is a certified question proceeding. ORS 28.200 to ORS 28.255. Plaintiffs, a group of teachers and a news reporter, filed a complaint in the United States District Court for the District of Oregon against the City of Eugene (the City) and officials and police officers employed by the City (the Officials and Officers).

Plaintiffs allege that six teacher-picketers (plaintiffs Hunter, Ogan, Cataldo, Oft Rose, Doering, and Sexton) and the radio...

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