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SOUTHERN WASCO COUNTY AMBULANCE v. STATE

C950217CV; CA A96490.

968 P.2d 848 (1998)

156 Or. App. 543

SOUTHERN WASCO COUNTY AMBULANCE SERVICE, INC., Voelz Oil & Land Survey, Inc., and Chinook Marketing, Inc., Plaintiffs, and Paul Tochen, dba PT Enterprises, Steve Wilmarth, Judy Tuininga, Don Giles Enterprises, Inc., Diphi Enterprises, Inc., dba Herb's Kwik Mart, successor-in-interest to Chinook Marketing, Inc., Appellants, v. STATE of Oregon, By and Through L.R. HOWLAND, Superintendent, Department of State Police, and Robert Punuccio, State Fire Marshall, Division of State Fire Marshall, Respondent.

Court of Appeals of Oregon.

Decided October 21, 1998.

Attorney(s) appearing for the Case

Helen T. Dziuba, argued the cause for appellants. With her on the brief was Roger K. Harris.

Jas. Adams, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Justin R. Boose, Certified Law Student.

Before EDMONDS, P.J., DEITS, C.J., and ARMSTRONG, J.

EDMONDS, Presiding Judge.

Plaintiffs seek a declaratory judgment that the legislative classifications regarding self-service gasoline dispensing under ORS 480.345 through 480.355 violate Article I, section 20, of the Oregon Constitution and the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. ORS 28.010 et seq. In addition, plaintiffs argue that the exceptions found in those provisions are unconstitutionally vague and represent...

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