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FILED: April 29, 2010

IN THE SUPREME COURT OF THE STATE OF OREGON

JERRY CARUTHERS,

Petitioner,

v.

JOHN R. KROGER,
Attorney General,
State of Oregon,

Respondent.

(SC S057678)

On petitioner's objections to modified ballot title filed March 29, 2010; considered and under advisement on March 31, 2010.

Thomas K. Doyle, Bennett, Hartman, Morris & Kaplan, LLP, Portland, filed the objections and the reply for petitioner.

Douglas F. Zier, Senior Assistant Attorney General, Salem, filed a response to petitioner's objections for respondent.

Before De Muniz, Chief Justice, and Gillette, Durham, Balmer, Kistler, and Linder, Justices.*

PER CURIAM

The second modified ballot title is certified to the Secretary of State.

Durham, J., dissented and filed an opinion, in which Gillette, J., joined.

*Walters, J., did not participate in the consideration or decision of this case.

PER CURIAM

This ballot title review proceeding involving Initiative Petition 43 (2010) is before the court for a third time.