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AG WEST SUPPLY v. HALL

92C-10301; CA A77538.

869 P.2d 383 (1994)

126 Or. App. 475

AG WEST SUPPLY, Douglas County Farmers Co-op, Full Circle, Inc., Tangent, Grange Cooperative Supply Association, Hood River Supply Association, Mid Columbia Producers, Morrow County Graingrowers, Nyssa Co-op, Pendleton Grain Growers, Pratum Co-op Warehouse, Wallowa County Grain Growers, West Valley Farmers, Wilco Farmers, Inc., all Oregon cooperative corporations, D.G. Anderson, Inc., Lakeview Petroleum Distributors, Oil Products, Inc., Voelz Oil & Land Surveying, Inc., all Oregon business corporations, Cheryl Ann Swarz, D.V.M., Jerry D. Goodson, Eugene Farmers Co-op and Carmichael Columbia Oil, Inc., Respondents, v. Everett HALL, Oregon State Fire Marshal, Appellant.

Court of Appeals of Oregon.

Decided February 23, 1994.

Attorney(s) appearing for the Case

Richard D. Wasserman, Asst. Atty. Gen., argued the cause for appellant. With him on the briefs were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

James C. Edmonds, Salem, argued the cause for respondents. With him on the brief were Edward L. Clark, Jr., and Ben C. Fetherston, Jr.

Before ROSSMAN, P.J., and EDMONDS and De MUNIZ, JJ.

De MUNIZ, Judge.

Defendant, the Oregon State Fire Marshal, appeals a judgment declaring that ORS 480.360 is unconstitutional and enjoining enforcement of that statute and other provisions related to it. We reverse.

Plaintiffs are agricultural cooperatives and corporations that provide cardlock gasoline dispensing services to their members, and individuals who purchase gasoline through cardlock facilities. They brought this action for declaratory and injunctive...

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