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SCHOOL DIST. NO. 24J v. McCARTHY

244 Or. 379 (1966)

418 P.2d 817

SCHOOL DISTRICT NO. 24J, MARION COUNTY v. McCARTHY ET AL

Supreme Court of Oregon.

Demurrer sustained and peremptory writ disallowed September 28, 1966.

Attorney(s) appearing for the Case

Gary D. Gortmaker, District Attorney, Salem, argued the cause and filed a brief for defendants.

Robert W. DeArmond, Salem, argued the cause for plaintiff. On the brief were DeArmond, Sherman & Barber, Salem.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, Justices.

DEMURRER SUSTAINED; PEREMPTORY WRIT DISALLOWED.

GOODWIN, J.

This is an original proceeding in mandamus. We took jurisdiction because of the public importance of the question (tax levy for school purposes) and because of the need for a prompt determination of the controversy.

The alternative writ, to which a demurrer has been interposed, alleges that unless this court orders the defendant county officials to change the 1966-67 tax levy the proposed...

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