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McDAID v. CITY OF PENDLETON

485 P.2d 1229 (1971)

Michael McDaid, Petitioner, v. CITY OF PENDLETON, a Municipal Corporation, Respondent.

Supreme Court of Oregon, In Banc.

June 23, 1971.

Attorney(s) appearing for the Case

Roy Kilpatrick and B.J. Matzen, John Day, for the petition.

Corey, Byler & Rew, Pendleton, contra.

DENECKE, Justice.

Plaintiff filed a petition for review of the decision of the Court of Appeals. 91 Adv.Sh. 1249, Or. App., 478 P.2d 642 (1970). Defendant filed a motion to dismiss the petition upon the ground that it was not timely filed.

The Court of Appeals denied plaintiff's petition for rehearing on January 26. The Court of Appeals issued its mandate to the circuit court on April 12. The petition for review was filed...

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