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LANE v. MAASS

CC 88 C 10808; CA A50272; SC S36636.

790 P.2d 1137 (1990)

309 Or. 671

Gilbert L. LANE, Respondent On Review, v. Manfred MAASS, Superintendent, Oregon State Penitentiary Petitioner On Review.

Supreme Court of Oregon, En Banc.

Decided April 26, 1990.

Attorney(s) appearing for the Case

Janet A. Metcalf, Asst. Atty. Gen., Salem, argued the cause for petitioner on review. With her on the petition were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Jay Edwards, Salem, argued the cause and filed a response for respondent on review.

PETERSON, Chief Justice.

The issue presented is whether a motion to dismiss pursuant to ORCP 21 A1 is appropriate in habeas corpus proceedings. The facts, as set forth by the Court of Appeals, are as follows:

"In his petition, plaintiff alleged that he was being unlawfully imprisoned and restrained, because he had been forced to provide a urine sample for drug analysis. He explained in his petition that, when he was unable immediately...

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