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BP WEST COAST v. OREGON DEPT. OF JUSTICE

A156902.

396 P.3d 244 (2017)

284 Or. App. 723

BP WEST COAST PRODUCTS, LLP, Petitioner, v. OREGON DEPARTMENT OF JUSTICE, Respondent.

Court of Appeals of Oregon.

April 12, 2017.

Attorney(s) appearing for the Case

William F. Gary, Eugene, argued the cause for petitioner. With him on the briefs were Sharon A. Rudnick and Harrang Long Gary Rudnick P.C.

Peenesh H. Shah, Assistant Attorney General, argued the cause for respondent. With him on the brief were Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Denise G. Fjordbeck, Assistant Attorney General.

Scott A. Shorr, Joshua L. Ross, and Stoll Stoll Berne Lokting & Shlachter P.C. filed the brief amicus curiae for Steven Scharfstein.

Before Sercombe, Presiding Judge, and Hadlock, Chief Judge, and Tookey, Judge.

BP West Coast Products, LLP (BP) challenges the validity of OAR 137-020-0150, a rule adopted by the Attorney General, which pertains to a service station's posting of gas prices on signs visible from the street and dispensing devices. BP argues that "[t]he Administrative Rule's definition of `condition' and all portions of the Rule that...

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