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KAIN v. MYERS

SC S48796

38 P.3d 266 (2001)

333 Or. 75

Kris KAIN and Tricia Bosak, Petitioners, v. Hardy MYERS, Attorney General, State of Oregon, Respondent, and Bill Sizemore, Intervenor.

Supreme Court of Oregon, En Banc.

Decided December 13, 2001.

Attorney(s) appearing for the Case

Margaret S. Olney, Smith, Gamson, Diamond & Olney, Portland, argued the cause and filed the petition for petitioners.

Jennifer S. Lloyd, Assistant Attorney General, Salem, argued the cause and filed the answering memorandum for respondent. With her on the answering memorandum were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Gregory W. Byrne, Byrne & Associates, Portland, argued the cause and filed the memorandum in support for intervenor.

DURHAM, J.

This is a proceeding under ORS 250.085(2) in which petitioners challenge a ballot title certified by the Attorney General for Initiative Petition 91 (2002). The proposed initiative, if adopted, would amend the Oregon Constitution by restricting the authority of government employers to sign certain agreements regarding payment of money to unions and by relieving public employee unions of the duty to represent or provide services to employees who do not join...

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