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FALKENSTEIN v. DEPARTMENT OF REVENUE, STATE OF OREGON

Civ. No. 71-816.

350 F.Supp. 887 (1972)

Michael FALKENSTEIN and Clifford V. McGLOTTEN, Individually and on Behalf of all others similarly situated, Plaintiffs, v. The DEPARTMENT OF REVENUE FOR the STATE OF OREGON and Charles Mack, in his capacity as the Director of the Department of Revenue for the State of Oregon, Defendants.

United States District Court, D. Oregon.

Stay Denied December 4, 1972.

Appeal Dismissed January 8, 1973.

Attorney(s) appearing for the Case

Kenneth J. Keller, Milwaukie, Or., and L. A. Aschenbrenner, Portland, Or., for plaintiffs.

Lee Johnson, Atty. Gen. for Oregon, and Gerald Bartz, Asst. Atty. Gen., Salem, Or., for defendants.

Before HAMLEY, Circuit Judge, and SOLOMON and TAYLOR, District Judges.

Stay Denied December 4, 1972. See 93 S.Ct. 530.

Appeal Dismissed January 8, 1973. See 93 S.Ct. 907.

OPINION

SOLOMON, District Judge:

Plaintiffs seek a declaratory judgment and an injunction restraining the State of Oregon from granting tax exemptions to the Benevolent and Protective Order of Elks (Elks Lodge), a fraternal order which practices racial discrimination in membership selection. The...

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