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STATE EX REL. LAYMAN v. LANDMARK-TOWNES, INC.

516 P.2d 483 (1973)

STATE of Oregon ex rel. Fred H. Layman, Real Estate Commissioner of Oregon, Respondent, v. LANDMARK-TOWNES, INC., Defendant, County of Polk, Appellant.

Court of Appeals of Oregon.

Decided December 3, 1973.

Attorney(s) appearing for the Case

Dwight L. Ferris, Deputy Dist. Atty., Dallas, argued the cause for appellant. With him on the brief was John L. Snyder, Dist. Atty., Dallas.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

Before SCHWAB, C.J., and FOLEY and THORNTON, JJ.

THORNTON, Judge.

On August 8, 1972, the Polk County Circuit Court appointed plaintiff, Fred H. Layman, receiver for Landmark-Townes, Inc. (Landmark), and on August 29 enjoined all proceedings against Landmark except upon leave of the court.

On December 12, 1972, the Polk County Sheriff distrained and seized certain personal property of Landmark for nonpayment of personal property taxes owed. The sheriff, however, did not seek consent of the Polk County Circuit...

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