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COLUMBIA RIVER SALMON & TUNA PACKERS ASS'N v. APPLING

232 Or. 230 (1962)

375 P.2d 71

COLUMBIA RIVER SALMON & TUNA PACKERS ASSOCIATION ET AL v. APPLING AND MAKE STEELHEAD A GAME FISH, INC.

Supreme Court of Oregon.

Affirmed October 12, 1962.

Attorney(s) appearing for the Case

John J. Tyner, Jr., Assistant Attorney General, Salem, argued the cause for appellant. With him on the briefs was Robert Y. Thornton, Attorney General, Salem.

Herbert C. Hardy, Portland, argued the cause for intervenor-appellant. On the briefs were Cake, Jaureguy, Hardy, Buttler & McEwen.

Wendell Wyatt, Astoria, and John C. Beatty, Jr., Portland, argued the cause for respondents. On the brief were Wyatt, McDonald & Dean, Astoria, and Dusenberry, Martin, Beatty & Parks, Portland.

Donald S. Richardson, Portland, filed a brief on behalf of the Oregon AFL-CIO as amicus curiae.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, O'CONNELL, GOODWIN, LUSK and DENECKE, Justices.

AFFIRMED.

GOODWIN, J.

This is an appeal by "Make Steelhead a Game Fish, Inc." and others from a decree of the circuit court the effect of which is to strike from the ballot a measure to control commercial fishing.

The issue is whether those signatures which were obtained on petitions bearing a defective ballot title can be counted with signatures on petitions bearing the corrected ballot title to make up the total number of signatures needed to comply...

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