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STATE EX REL. McINTIRE v. BALMER

CC 01C-17954; CA A117946; SC S49614.

75 P.3d 894 (2003)

336 Or. 1

STATE ex rel. Don McINTIRE and Fred Hall, Appellants, v. Thomas A. BALMER, Respondent.

Supreme Court of Oregon.

Decided September 5, 2003.

Attorney(s) appearing for the Case

Mary H. Williams, Solicitor General, Salem, filed the motion to dismiss as moot, reply to appellant's response, and response to court's questions for respondent. With her on the motion, reply, and response was Hardy Myers, Attorney General.

Steven E. Benson, Portland, filed the response and memorandum for appellants.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, and DE MUNIZ, Justices.

GILLETTE, J.

Don McIntire and Fred Hall (plaintiffs) brought this action in circuit court, labeled "Amended Complaint in Nature of Quo Warranto," against Thomas A. Balmer, challenging Governor Kitzhaber's appointment of Balmer to be an Associate Justice of this court.1 Plaintiffs' theory was that Justice Balmer was not eligible to assume a position on the Supreme Court because the court, as presently constituted, is organized in violation...

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