CITY UNIVERSITY v. OFFICE OF EDUC. POLICY

88C-11645; CA A70734.

870 P.2d 222 (1994)

126 Or. App. 459

CITY UNIVERSITY, a Washington corporation, Respondent, v. STATE of Oregon, OFFICE OF EDUCATIONAL POLICY AND PLANNING, its Director, Paul E. Bragdon, and its Administrator, Academic Degrees and Program Review, David A. Young, Appellants.

Court of Appeals of Oregon, In Banc.

Resubmitted August 11, 1993.

Decided February 23, 1994.


Attorney(s) appearing for the Case

Jas. Adams, Asst. Atty. Gen., argued the cause for appellants. With him on the briefs were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Jacob Tanzer argued the cause for respondent. With him on the brief were Bruce W. DeKock and Ball, Janik & Novack.


Resubmitted In Banc August 11, 1993.

EDMONDS, Judge.

The State of Oregon appeals from a declaratory judgment that held ORS 348.835(2)(c) unconstitutional under the Commerce Clause1 and struck the word "Oregon" from the statute in order to preserve it. We modify the judgment.

Plaintiff filed this declaratory action seeking a declaration that ORS 348.835(2)(c) is unconstitutional...

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