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CALIF. TABLE GRAPE COM'N v. DHR

88C11567; CA A51069.

818 P.2d 983 (1991)

109 Or.App. 222

CALIFORNIA TABLE GRAPE COMMISSION, Jack McFadden and Jackie Selgregg, Dba Brice's, Appellants, v. THE DEPARTMENT OF HUMAN RESOURCES, Health Division of the State of Oregon, Respondent.

Court of Appeals of Oregon, In Banc.

Resubmitted September 9, 1991.

Decided October 16, 1991.

Attorney(s) appearing for the Case

J. Michael Alexander, Salem, argued the cause for petitioners. With him on the brief was Burt, Swanson, Lathen, Alexander & McCann, Salem.

John T. Bagg, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., Virginia Linder, Sol. Gen., Salem, and Leonard Pearlman, Asst. Atty. Gen., Portland.

Taken In Banc and Resubmitted September 9, 1991.

ROSSMAN, Judge.

In this judicial review of an administrative order, ORS 183.484, petitioners appeal a judgment of the circuit court dismissing their action for lack of jurisdiction. The issue is whether a notice sent to food service establishments by the Health Division of the Department of Human Resources (Division), advising them of a change in Division rules, is an "order" within the definition of ORS 183...

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