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STATE EX REL. KASHMIR CORP. v. SCHMIDT

No. CA 17380; SC 27510.

633 P.2d 791 (1981)

291 Or. 603

STATE of Oregon ex rel. the Kashmir Corporation, an Oregon Corporation, Petitioner, v. Michael SCHMIDT, Terrence C. Potthoff and the City of Salem, a Municipal Corporation, Respondents.

Supreme Court of Oregon.

Decided September 22, 1981.

Attorney(s) appearing for the Case

M. Chapin Milbank of Schlegel, Milbank, Wheeler, Jarman & Hilgemann, Salem, argued the cause and filed briefs for petitioner.

William G. Blair, Asst. City Atty., Salem, argued the cause and filed a brief for respondents.

Before DENECKE, C.J., and TONGUE, LENT, LINDE, PETERSON and TANZER, JJ.

LENT, Justice.

In this proceeding in mandamus, we are concerned with interpretation of ORS 34.210, which provides:

"If judgment is given for the plaintiff, he shall recover damages which he has sustained by reason of the premises, to be ascertained in the same manner as in an action, together with costs and disbursements, and a peremptory mandamus shall be awarded without delay."

Plaintiff takes the position that the statute creates a cause of action...

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