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BRIAN v. STATE OR. GOV. ETHICS COM'N

C920337CV; CA A77344.

868 P.2d 1359 (1994)

126 Or. App. 358

State Representative Thomas M. BRIAN, Respondent, v. STATE of Oregon, acting By and Through the OREGON GOVERNMENT ETHICS COMMISSION, Appellant.

Court of Appeals of Oregon.

Decided February 16, 1994.

Attorney(s) appearing for the Case

John T. Bagg, 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.

Gregory A. Chaimov, Portland, argued the cause for respondent. With him on the brief were Rece Bly and Miller, Nash, Wiener, Hager & Carlsen.

Before DEITS, P.J., and RICHARDSON, C.J., and RIGGS, J.

DEITS, Presiding Judge.

In this proceeding under ORS 183.480(3), defendant Oregon Government Ethics Commission appeals from the trial court's judgment enjoining it from conducting an investigation of possible ethics violations by plaintiff State Representative Brian. We reverse.

On February 25, 1992, and again on May 26, the Commission found "cause," pursuant to ORS 244.260, to investigate whether all or part of a $10,000 check that Brian received from Seiyu...

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