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HAMILTON v. MYERS

SC S44434, S44454.

943 P.2d 214 (1997)

326 Or. 44

N. Gregory HAMILTON, M.D., Kenneth Stevens, M.D., Speaker Lynn Lundquist, Rep. Lynn Snodgrass, and Rep. Ron Sunseri, Petitioners, v. Hardy MYERS, Attorney General, State of Oregon, Respondent. Peter GOODWIN, M.D., Barbara Coombs Lee, Esq., and Elven Sinnard, Petitioners, v. Hardy MYERS, Attorney General for the State of Oregon, Respondent.

Supreme Court of Oregon, In Banc.

Decided September 2, 1997.

Attorney(s) appearing for the Case

Richard M. Botteri, of Preston Gates & Ellis, L.L.P., Portland, argued the cause and filed the petition for petitioners N. Gregory Hamilton, M.D., et al. With him on the petition was Kelly Cole Zerzan.

Eli D. Stutsman, Portland, argued the cause and filed the petition for petitioners Peter Goodwin, M.D., et al.

David Schuman, Deputy Attorney General, and Richard D. Wasserman, Assistant Attorney General, Salem, argued the cause for respondent. With them on the answering memoranda was Virginia L. Linder, Solicitor General.

GILLETTE, Justice.

These are consolidated proceedings for review of a ballot title that the Attorney General has certified to the Secretary of State for a measure that the 1997 Legislative Assembly has referred to the people. That measure, designated by the Secretary of State as "Measure 51," would, if enacted, repeal ORS 127.800 to 127.897, the "Oregon Death with Dignity Act." That Act (hereafter sometimes referred to as "Measure 16") was itself adopted by the people...

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