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LINKLATER v. NYBERG

234 Or. 117 (1963)

380 P.2d 631

LINKLATER v. NYBERG

Supreme Court of Oregon.

Reversed April 10, 1963.

Attorney(s) appearing for the Case

Carrell F. Bradley, Hillsboro, argued the cause and filed briefs for appellant.

Francis W. Linklater, District Attorney, Hillsboro, argued the cause for respondent. With him on the brief was Richard Smurthwaite, Deputy District Attorney.

Before McALLISTER, Chief Justice, and ROSSMAN, SLOAN, GOODWIN and LUSK, Justices.

REVERSED.

LUSK, J.

This is an appeal by the defendant Clayton Nyberg, a county commissioner of Washington county, from the allowance of a peremptory writ of mandamus commanding the defendant to audit and approve a voucher for the payment of money out of the "enforcement fund" created by ORS 471.670,1 a section of the Liquor Control Act of this state. The plaintiff is the district attorney...

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