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BOBO v. KULONGOSKI

(CC 01C-15710; CA A120098; SC S51565).

107 P.3d 18 (2005)

338 Or. 111

Carol BOBO, Perry Atkinson, Gary George, Robert Fulton Ekstrom, Solomon Yue, Jr., June Hartley, and Jeffrey Grossman, Respondents on Review, v. Theodore R. KULONGOSKI, Laurie Warner, and the State of Oregon, Petitioners on Review.

Supreme Court of Oregon, En Banc.

Decided February 25, 2005.

Attorney(s) appearing for the Case

Mary Williams, Solicitor General, Salem, argued the cause and filed the briefs for petitioners on review. With her on the briefs was Hardy Myers, Attorney General.

Gregory W. Byrne, Portland, argued the cause and filed the brief for respondents on review.

KISTLER, J.

This case presents primarily two questions. The first is whether, by retroactively transferring Medicaid Upper Payment Limit Funds (Medicaid funds) out of the General Fund, Senate Bill (SB) 963 (2001) reduced the amount of money that the General Fund received for the 1999-2001 biennium and also the amount of a statutory tax refund, popularly known as the "kicker." The second is whether, if that were the effect...

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