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KIRKLAND v. ZENON

90-C-12086; CA A68098.

820 P.2d 1375 (1991)

110 Or.App. 36

Larry E. KIRKLAND, Appellant, v. Carl ZENON, Superintendent, Oregon State Correctional Institution, Respondent.

Court of Appeals of Oregon.

Decided November 27, 1991.

Attorney(s) appearing for the Case

Stephen J. Bedor, Deputy Public Defender, Salem, filed the brief, for appellant.

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Michael M. Pacheco, Asst. Atty. Gen., Salem, filed the brief, for respondent.

Before RICHARDSON, P.J., JOSEPH, C.J., and DEITS, J.

PER CURIAM.

In this habeas corpus action, defendant concedes that plaintiff's denial of the key factual allegations in defendant's return created a material factual dispute and that the replication alleged facts which, if true, constitute a denial of plaintiff's constitutional rights for which there is no other available adequate remedy. The trial court, therefore, erred in granting defendant's motion to strike and...

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