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STATE EX REL. SAM'S TEXACO v. GALLAGHER

SC S38925.

842 P.2d 383 (1992)

314 Or. 652

STATE of Oregon ex rel SAM'S TEXACO & TOWING, INC., an Oregon corporation, and Automobile Club of Oregon, a business organization, Plaintiffs-Relators, v. The Honorable Stephen L. GALLAGHER, Jr., Judge of the Circuit Court for the State of Oregon for the County of Multnomah, Defendant.

Supreme Court of Oregon, In Banc.

Decided November 25, 1992.

Attorney(s) appearing for the Case

Gregory B. Snook, argued the cause and with him on the brief was Andrew K. Chenoweth, of Allen, Kilmer, Yazbeck, Chenoweth & Voorhees, P.C., Portland, for plaintiffs-relators.

Richard W. Young, Reno, Nev. (admitted pro hac vice), argued the cause and filed the brief for defendant.

James M. Callahan, Portland, filed a brief for amicus curiae Oregon Ass'n of Defense Counsel.

VAN HOOMISSEN, Justice.

This is an original proceeding in mandamus. The issue is whether defendant trial judge (judge) was required by law to accept a jury's answers to certain questions on a special verdict form as a sufficient verdict. The judge dismissed the jury and granted a mistrial. Sam's Texaco & Towing, Inc. (Sam's Texaco), and the Automobile Club of Oregon (AAA), plaintiffs-relators in this action, petitioned this court for a writ of mandamus requiring...

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