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NELSON v. KEISLING

SC S39184.

830 P.2d 591 (1992)

313 Or. 212

Mark W. NELSON, Petitioner, v. Phil KEISLING, in his capacity as Secretary of State of the State of Oregon, Respondent, and Oregon Health Initiative, Ellen C. Lowe, Nancy H. Stevens, Michael H. Graham, M.D., Oregonians for Health Care and James A. Carlson, Intervenors.

Supreme Court of Oregon, In Banc.

Decided May 21, 1992.

Attorney(s) appearing for the Case

James N. Gardner, of Gardner, Cosgrove & Gardner, Portland, argued the cause for petitioner. With him on the petition was Lynda N. Gardner.

Richard D. Wasserman, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the answering memorandum were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Charles R. Williamson, of Kell, Alterman & Runstein, Portland, argued the cause for intervenors. With him on the answering memorandum was Tina-Marie Baskin.

CARSON, Chief Judge.

In this original proceeding, petitioner challenges the ballot title for a proposed initiative measure. Petitioner is an elector who timely submitted written comments on the Attorney General's draft ballot title. Therefore, he is entitled to petition this court seeking a different title. ORS 250.085(2). Oregon Health Initiative, represented by intervenors Lowe, Stevens, and Graham, is a proponent of the measure, as is Oregonians for Health Care...

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