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SLOPAK v. CORRECTIONS DIV., DEPT. OF HUM. RES.

535 P.2d 106 (1975)

Larry SLOPAK, Appellant, v. CORRECTIONS DIVISION, Department of Human Resources, Respondent.

Court of Appeals of Oregon.

Decided May 12, 1975.

Rehearing Denied June 18, 1975.

Review Denied August 6, 1975.

Attorney(s) appearing for the Case

Herbert W. Titus, University of Oregon School of Law, Eugene, argued the cause for appellant. With him on the brief was Angie King, Marion-Polk Legal Aid Service, Inc., Salem.

Scott McAlister, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and FORT and LEE, JJ.

FORT, Judge.

This is a declaratory judgment proceeding in which petitioner, an inmate of the Oregon State Penitentiary, sought to obtain a determination of the validity of an administrative rule adopted by respondent. Respondent demurred on the ground petitioner lacked the legal capacity to sue. O.R.S. 16.260(2). The trial court sustained the demurrer and petitioner appeals.

Lack of legal capacity to sue is properly...

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