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CITY OF EUGENE v. KRUK

91-50006; CA A71272.

839 P.2d 250 (1992)

115 Or. App. 494

CITY OF EUGENE, Respondent, v. Kathy Kay KRUK, Appellant.

Court of Appeals of Oregon.

Decided October 14, 1992.

Reconsideration Denied December 16, 1992.

Attorney(s) appearing for the Case

Edmund J. Spinney, Eugene, argued the cause and filed the brief for appellant.

Jens Schmidt, Eugene, argued the cause for respondent. With him on the brief were Floyd F. Prozanski, Jr. and Harrang Long Watkinson Arnold & Laird, P.C., Eugene.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

WARREN, Presiding Judge.

Defendant appeals her conviction under Eugene Municipal Code § 4.907 (EC § 4.907) for "Interferring [sic] with a Police Officer." She contends that the trial court erred in overruling her demurrer, because the municipal ordinance is preempted by state law. We agree and reverse.1

One morning in September, 1990, at about 3:00 a.m., defendant and her extended family were awakened by a commotion...

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