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MacEWAN v. HOLM ET AL

226 Or. 27 (1961)

359 P.2d 413

MacEWAN v. HOLM ET AL

Supreme Court of Oregon.

Reargued January 11, 1961.

Reversed and remanded February 1, 1961.

Attorney(s) appearing for the Case

Reuben G. Lenske, Portland, argued the cause and submitted a brief for appellant.

Floyd A. Fredrickson, Portland, argued the cause for respondents. On the brief was H. Lawrence Lister, Portland.

Before McALLISTER, Chief Justice, and ROSSMAN, WARNER, PERRY, SLOAN, O'CONNELL and GOODWIN, Justices.

REVERSED AND REMANDED.

O'CONNELL, J.

Plaintiff brings this suit to require the defendants, who constitute the State Board of Health, to make available to the plaintiff data requested by him relating to nuclear radiation sources which defendants had collected in the course of carrying out their duties under ORS ch 453. Plaintiff appeals from a decree granting defendants' motion to dismiss.

Under ORS ch 453 enacted in 1957, the State Board of Health...

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