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ARMSTRONG v. CUPP

121,599; A28484 — 121,558; A28485.

677 P.2d 721 (1984)

67 Or.App. 295

Wayne A. ARMSTRONG, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent. Norman D. Bailey, Appellant, v. G.E. Sullivan, Superintendent, Oregon State Correctional Institution, Respondent.

Court of Appeals of Oregon.

Decided March 7, 1984.

Reconsideration Denied May 11, 1984.

Attorney(s) appearing for the Case

Steven H. Gorham, Salem, argued the cause for appellants. With him on the brief was Lester Seto, Salem.

Christine A. Chute, Asst. Atty. Gen., Salem, argued the cause for respondents. With her on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.

YOUNG, Judge.

Petitioners, prisoners at the Oregon State Penitentiary (OSP) and the Oregon State Correctional Institution (OSCI), appeal, pursuant to ORS 34.710, from an order dismissing consolidated amended petitions for writs of habeas corpus.1 The trial court granted defendants' amended motions to dismiss, finding that it lacked subject matter jurisdiction over petitioners' challenges to conditions of confinement because they have alternative...

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