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STRAUBE/McEVILLY v. MYERS

(SC S53266 (Control), S53275).

133 P.3d 897 (2006)

340 Or. 395

Gary J. STRAUBE and Kichae Han, Petitioners, v. Hardy MYERS, Attorney General, State of Oregon, Respondent. Terrence W. McEvilly, Petitioner, v. Hardy Myers, Attorney General, State of Oregon, Respondent.

Supreme Court of Oregon, En Banc.

Decided April 13, 2006.

Attorney(s) appearing for the Case

James N. Gardner, of Gardner & Gardner, Attorneys, P.C., Portland, filed the petition for petitioners Gary J. Straube and Kichae Han. With him on the petition was Lynda N. Gardner.

James M. Brown, Salem, filed the petition for petitioner Terrence W. McEvilly.

Anna M. Joyce, Assistant Attorney General, Salem, filed the answering memoranda for respondent. With her on the answering memoranda were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

GILLETTE, J.

These consolidated ballot title review proceedings brought under ORS 250.085(2) concern the Attorney General's certified ballot title for an initiative petition that the Secretary of State has denominated as Initiative Petition 143 (2006). Initiative Petition 143, if adopted, would increase the taxes paid on tobacco products and put the money derived from that increase into a number of specified programs.

Petitioners are electors who timely submitted...

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