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STATE EX REL. MVD v. NORBLAD

SC S41141.

882 P.2d 598 (1994)

320 Or. 307

STATE ex rel. MOTOR VEHICLES DIVISION, Plaintiff-Relator, v. Albin W. NORBLAD, Circuit Court Judge, Marion County, Defendant, and Gregory Thomas McBride, Intervenor.

Supreme Court of Oregon, In Banc.

Decided October 27, 1994.

Attorney(s) appearing for the Case

Rives Kistler, Asst. Atty. Gen., Salem, argued the cause for plaintiff-relator. With him on the briefs were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

No appearance by defendant.

J.P. Harris, II, Salem, argued the cause and submitted the brief for intervenor.

DURHAM, Justice.

Relator Motor Vehicles Division (MVD) seeks a writ of mandamus to compel defendant, a circuit court judge, to vacate an order issued on January 27, 1994.1 The order required MVD to withdraw the proposed suspension of intervenor's driving privileges. We conclude that the circuit court had no jurisdiction to issue the order. Accordingly, we direct that a writ of mandamus shall issue, requiring defendant judge to vacate the...

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