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STATE EX REL. TURCO ENGINEERING v. BAGLEY

SC S39146.

842 P.2d 390 (1992)

314 Or. 664

STATE of Oregon ex rel. TURCO ENGINEERING, INC., an Oregon corporation, Plaintiff-Relator, v. The Honorable Raymond R. BAGLEY, Jr., Judge of the Circuit Court of the State of Oregon for Clackamas County, Defendant.

Supreme Court of Oregon, In Banc.

Decided November 25, 1992.

Attorney(s) appearing for the Case

James C. Tait, of Tait and Cole, Oregon City, argued the cause and filed the brief for plaintiff-relator.

Jack L. Kennedy, of Kennedy, King & Zimmer, Portland, argued the cause for defendant. With him on the brief was Todd Van Rysselberghe, Portland.

VAN HOOMISSEN, Justice.

This is a mandamus proceeding brought by plaintiff-relator Turco Engineering (Turco) against defendant circuit court judge (judge). The real party in interest is Washington Potato Company (Washington Potato). The issue is whether the judge erred in denying Turco's motion that the judge receive the jury's verdict forms 1 and 2 in favor of Turco. We hold that the judge erred, and direct that a peremptory writ of mandamus issue.

Washington...

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