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APPLICATION OF STERLING

No. 106813; CA 15799.

614 P.2d 610 (1980)

47 Or.App. 275

In the matter of the APPLICATION OF David J. STERLING, for a Writ of Habeas Corpus. David J. Sterling, Appellant, v. Ira Blalock, Elizabeth W. Browne, Bill G. Cogswell, Chalmers L. Jones, Elizabeth L. Taylor, Members of the State Board of Parole, and Hoyt C. Cupp, Superintendent of the Oregon State Penitentiary, Respondents.

Court of Appeals of Oregon.

Decided July 21, 1980.

Attorney(s) appearing for the Case

Paul J. Demuniz, Salem, argued the cause for appellant. With him on the brief was Garrett, Seideman, Hemann, Robertson & Demuniz, P.C., Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondents. With him on the brief were James A. Redden, Atty. Gen. and Walter L. Barrie, Sol. Gen., Salem.

Before SCHWAB, C.J., and JOSEPH, WARDEN and WARREN, JJ.

JOSEPH, Judge.

Plaintiff filed a petition for a writ of habeas corpus challenging the Board of Parole's April 20, 1978, decision refusing to set a parole date for him. Following a demurrer by defendants, plaintiff filed an amended petition for a writ of habeas corpus. Counsel for plaintiff and defendant stipulated that plaintiff's amended petition be treated as a suit for declaratory and mandatory injunctive relief and that two issues were presented for the court...

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