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LONE OAK RACING v. OREGON RACING COM'N

(97C-10028; CA A97122)

986 P.2d 596 (1999)

162 Or. App. 111

LONE OAK RACING, INC., an Oregon corporation, and Oregon Horsemen's Benevolent & Protective Association, an Oregon nonprofit corporation, Respondents, v. STATE of Oregon, acting By and Through the Oregon Racing Commission, Appellant.

Court of Appeals of Oregon.

Decided August 4, 1999.

Attorney(s) appearing for the Case

John T. Bagg, Assistant Attorney General, argued the cause for appellant. With him on the briefs were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Timothy J. Sercombe, Portland, argued the cause for respondents. With him on the brief was Preston Gates & Ellis LLP.

Before EDMONDS, Presiding Judge, and DEITS, Chief Judge, and ARMSTRONG, Judge.

EDMONDS, P.J.

Defendant Oregon Racing Commission appeals from a judgment that awarded plaintiffs summary judgment on their first claim for declaratory relief under ORS 28.010 and declared plaintiffs' rights under ORS 462.125(2).1 ORCP 47. We remand for vacation of the judgment because we conclude that defendant had exclusive jurisdiction over the controversy that led to the declaratory judgment.

In January 1997, plaintiffs Lone...

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