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CITY OF PORTLAND v. LLOYD A. FRY ROOFING COMPANY

472 P.2d 826 (1970)

CITY OF PORTLAND, Respondent, v. LLOYD A. FRY ROOFING COMPANY, Appellant.

Court of Appeals of Oregon, Department 1.

Decided July 30, 1970.

Attorney(s) appearing for the Case

Herbert H. Anderson, Portland, argued the cause for appellant. With him on the briefs were McColloch, Dezendorf, Spears & Lubersky and Anthony J. Barker, Portland.

William H. Breck, Deputy City Atty., Portland, argued the cause for respondent. With him on the brief was Marian C. Rushing, City Atty., Portland.

Before SCHWAB, C.J., and FOLEY and BRANCHFIELD, Judge.

BRANCHFIELD, Judge.

Defendant was charged with two different violations of the Air Quality Control Code of the city of Portland. It was found guilty in municipal court and appealed to the circuit court for Multnomah County. Upon trial in circuit court without a jury, defendant was again found guilty in both cases.

The defendant's first assignment of error is as follows:

"The ordinance under which the defendant...

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