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STATE OF OR. v. CITY OF RAJNEESHPURAM

Civ. No. 84-359 FR.

598 F.Supp. 1208 (1984)

STATE OF OREGON, Plaintiff, v. CITY OF RAJNEESHPURAM, a putative Oregon municipal corporation; Wasco County, a political subdivision of the State of Oregon; Robert M. Brown, Sheriff of Wasco County; Rajneesh Foundation International, a New Jersey corporation; Rajneesh Investment Corporation, an Oregon corporation; Rajneesh Neo-Sannyas International Commune, an Oregon corporation; Ma Anand Sheela, individually; Swami Prem Jayananda, Ma Yoga Vidya, Swami Krishna Deva, Ma Prem Archan, Swami Deva Sandesh, Ma Prem Patipada, Ma Deva Jayamala, Ma Sat Prabodhi, Ma Prem Rikta, individually and as representatives of the class of all current residents of the City of Rajneeshpuram, Defendants.

United States District Court, D. Oregon.

October 12, 1984.

Attorney(s) appearing for the Case

Dave Frohnmayer, Atty. Gen., William F. Gary, Deputy Atty. Gen., John A. Reuling, Jr., Sp. Counsel, Robert W. Muir, Margaret Rabin, Asst. Attys. Gen., Salem, Or., for plaintiff.

Wilford K. Carey, Hood River, Or., for Wasco County.

Ma Prem Sangeet, Rajneesh Legal Services Corp., Swami Prem Niren, Swami Prartho Subhan, Rajneeshpuram, Or., Robert D. Durham, Portland, Or., for defendants.

OPINION AND ORDER

FRYE, Judge:

Defendants1 have moved the court to dismiss plaintiff's complaint for failure to state a claim upon which relief can be granted.

In ruling on a motion to dismiss for failure to state a claim, the court must assume the allegations of the complaint to be true and construe the allegations in favor of the plaintiff. In general, "a complaint should not be dismissed for failure to state a claim...

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