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FILED: July 16, 2009

IN THE SUPREME COURT OF THE STATE OF OREGON

DAVID YOUNG,

Petitioner on Review,

and

AL CHANDLER,
MIKE REINECKE, KAREN (EASTMAN) MEMORY,
LARRY D. CONN, LEONARD J. DRUNG, JESS EASTMAN,
DEBRA E. FERY, BRUCE L. FOCHTMAN, LOIS G. HARRIS,
CHERYL L. HO, LLOYD HORSLEY, WILFRED HUDSON,
MARK A. JONES, ROBERT JORDAN, DAVID C. JUDKINS,
DAVID KUNZ, GORDAN J. LARSON, MARGARET J. LOFTIS,
JUDY MURRAY, SCOTT R. PROCTOR, RICHARD REITER,
HELEN SATTERLEE, ERNEST SCHMIDT, MARJORIE J. WEST,
JAMES C. WILSON, RANDAL WINDSOR, and MICHAEL D. WOODWARD,

Petitioners on Review,

v.

STATE OF OREGON,

Respondent on Review.

(CC 97C10933; CA A133123; SC S056376)

On review from the Court of Appeals*

Argued and submitted May 18, 2009.

John E. Hoag, Eugene, argued the cause and filed the brief for petitioners on review. With him on the petition for review was David Snyder, Portland.

Robert M. Atkinson, Senior Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With him on the brief were John Kroger, Attorney General, and Erika Hadlock, Acting Solicitor General.

Before De Muniz, Chief Justice, Gillette, Durham, and Walters, Justices.**

WALTERS, J.

The decision of the Court of Appeals is reversed.