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BLYTH & CO., INC. v. CITY OF PORTLAND

204 Or. 153 (1955)

282 P.2d 363

BLYTH & CO., INC. v. CITY OF PORTLAND

Supreme Court of Oregon.

Reversed April 13, 1955.

Attorney(s) appearing for the Case

Robert A. Leedy, Portland, argued the cause for Respondent. With him on the brief were Barzee, Leedy, Keane & Erwin, Portland.

Thomas J. White, Portland, argued the cause for Appellants. On the brief were Alexander G. Brown, City Attorney of The City of Portland, Oregon; Marian C. Rushing, Chief Deputy City Attorney of The City Portland, Oregon; White, Sutherland and Parks, and Thomas J. White and Alex L. Parks, attorneys for The City of Portland, Oregon, acting by and through its The Commission of Public Docks.

REVERSED.

LUSK, J.

The question for decision on this appeal is whether Marshall N. Dana, a recent appointee to the Commission of Public Docks of the City of Portland, is disqualified to hold that office because he is not a resident of the City of Portland.

The question was submitted to the Circuit Court without action or suit pursuant to the provisions of ORS 27.030. The court was of the opinion that under the charter of the City no one but a resident...

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