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STATE EX REL. MALLICOAT v. COE

460 P.2d 357 (1969)

STATE of Oregon ex rel. Dale Mallicoat, Director of the Division of State Lands of the State of Oregon, Appellant, v. Robert E. COE, As County Treasurer of Marion County, Respondent.

Supreme Court of Oregon, In Banc.

Decided November 5, 1969.

Attorney(s) appearing for the Case

Wayne M. Thompson, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs was Robert Y. Thornton, Atty. Gen., Salem.

Duane R. Ertsgaard, Salem, argued the cause for respondent. On the brief were Gary D. Gortmaker, Dist. Atty., Salem, and Don W. Schussler, Deputy Dist. Atty. Salem.

SLOAN, Justice.

The state, by its Director of the Division of State Lands, seeks a mandatory order compelling the county treasurer of Marion county to deliver to the state as abandoned property certain unclaimed school bond redemption funds held by defendant. The trial court sustained a demurrer to the alternative writ. Plaintiff appeals.

On December 1, 1935, Salem School District 24CJ issued a serial school district bond for the face value of $1,000. The...

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