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FELLER v. WRIGHT

CV88-718; CA A60277.

798 P.2d 703 (1990)

103 Or.App. 575

Duncan C. FELLER, Appellant, v. R.L. WRIGHT, Superintendent of Eastern Oregon Correctional Institution, Respondent.

Court of Appeals of Oregon.

Decided October 10, 1990.

Attorney(s) appearing for the Case

Kurt C. Bendixsen and Garry L. Reynolds, P.C., Hermiston, for appellant.

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Wendy J. Paris, Asst. Atty. Gen., Salem, for respondent.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

In this habeas corpus proceeding, we reversed the trial court's judgment of dismissal after it had granted defendant's ORCP 21 A motion to dismiss. We did so because of the Supreme Court's admonition in Bedell v. Schiedler, 307 Or. 560, 562, 770 P.2d 909 (1989), that "any motion practice other than an ORS 34.680 motion to strike is inappropriate in habeas corpus actions * * *."

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