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LANE EDUCATION SERVICE DIST. v. SWANSON

16-83-03350; CA A29141.

692 P.2d 622 (1984)

71 Or.App. 328

LANE EDUCATION SERVICE DISTRICT, an Oregon Municipal Corporation, Acting by and through Its Board of Directors Consisting of Frank Nearing, Hugh Peniston, Douglas McKay, Jeanne Armstrong, Beverly Ficek, Cleve Dumdi and Nile Williams, Respondent — Cross-Appellant, v. James R. SWANSON, Appellant — Cross-Respondent.

Court of Appeals of Oregon.

Decided December 12, 1984.

Attorney(s) appearing for the Case

Robert D. Durham, Eugene, argued the cause for appellant — cross-respondent. With him on the briefs were Kulongoski, Heid, Durham & Drummonds, Eugene.

Gordon R. Hanna, Eugene, argued the cause for respondent — cross-appellant. With him on the briefs were Frye, Hanna & Veralrud, Lawyers, P.C., Eugene.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.

YOUNG, Judge.

Plaintiff Lane Education Service District commenced what it claims is a declaratory judgment action, contending, inter alia, that defendant's election to plaintiff's board of directors is void because he was ineligible to serve on the board on the date of the election. Defendant moved to dismiss the complaint, because plaintiff is not the real party in interest and lacks standing and because the complaint fails to state a claim. The motion was...

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