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LIMBRICK v. PRESIDING JUDGE

9409-06732; CA A85941.

898 P.2d 802 (1995)

135 Or.App. 271

Raymond A. LIMBRICK, Appellant, v. PRESIDING JUDGE, Fourth Judicial District, and Chief Criminal Judge, Fourth Judicial District, Respondents.

Court of Appeals of Oregon.

Decided June 28, 1995.

Attorney(s) appearing for the Case

Raymond A. Limbrick, submitted the brief pro se.

Theodore R. Kulongoski, Atty. Gen., Virginia L. Linder, Sol. Gen., and Jas. Adams, Asst. Atty. Gen., filed the brief for respondents.

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

EDMONDS, Judge.

Plaintiff appeals the trial court's striking under ORCP 21 E of his complaint for declaratory relief alleging that his constitutional right to appear in court proceedings in his criminal trial had been denied.1 He argues that the trial court erred in ruling that his complaint is frivolous and does not state a justiciable controversy. See ORS 28.010. We affirm.

On September 15, 1994, plaintiff filed a complaint...

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