MOSER v. FROHNMAYER

89C-12416; CA A67796.

829 P.2d 84 (1992)

112 Or. App. 226

Ronald MOSER, Appellant, v. David B. FROHNMAYER, in his official capacity as Attorney General of the State of Oregon, and the State of Oregon, Respondents.

Court of Appeals of Oregon.

Decided April 1, 1992.


Attorney(s) appearing for the Case

Charles F. Hinkle, Portland, argued the cause for appellant. With him on the briefs were Jacklyn M. Bartruff, Laura J. Mazel and ACLU Foundation of Oregon, Portland.

Rives Kistler, Asst. Atty. Gen., Salem, argued the cause for respondents. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.


WARREN, Presiding Judge.

Plaintiff brought this declaratory judgment action challenging the constitutionality of ORS 759.290. He appeals from a summary judgment for defendants. We reverse.

Plaintiff is a chimney sweep who uses a "telemarketing computer" to advertise his service. The computer automatically and systematically dials telephone numbers in plaintiff's service area. When it connects with someone who answers "hello," it plays a recorded message concerning...

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