SHEVCHYNSKI v. CITY OF EUGENE, 157 Or. App. 355 (1998)

970 P.2d 237 Nick SHEVCHYNSKI and P.M. Newman, Trustee, Respondents-Cross-Appellants, v. CITY OF EUGENE, a municipal corporation; and James W. Spickerman, James W. Spickerman, P.C., and Hammons Mills Spickerman in their capacity as hearings officer for the City of Eugene, Appellants-Cross-Respondents. Nos. 16 94 04823; CA A88899.Oregon Court of Appeals. Submitted on record and briefs […]

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NASH AND NASH, 126 Or. App. 39 (1994)

867 P.2d 528 In the Matter of the Marriage of Robert Lee NASH, Petitioner, and Donna Jean NASH, Respondent. STATE ex rel Donna J. NASH, Appellant, v. Robert Lee NASH, Respondent. 86-DO-0308-TM; CA A72308Oregon Court of Appeals.Submitted on record and briefs March 25, 1993. Reconsideration of motion to dismiss denied; Reversed and remanded January 19, […]

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O.S.E.A. v. HOLMAN, 4 Or. App. 320 (1971)

478 P.2d 657 OREGON STATE EMPLOYEES ASSOCIATION, Appellant, v. HOLMAN ET AL, Respondents. Oregon Court of Appeals.Argued November 24, 1970 Reversed and remanded with directions January 7, 1971 Appeal from the Circuit Court, Multnomah County, PAT DOOLEY, Judge. John S. Irvin, Salem, argued the cause for appellant. With him on the briefs was Thomas C. […]

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PROPP v. LONG, 107 Or. App. 421 (1991)

812 P.2d 27 Norma Jean PROPP, Appellant, v. Terry LONG, Respondent. A8907-04326; CA A67455Oregon Court of Appeals.Filed December 20, 1990 Appeal dismissed May 29, 1991 Reconsideration denied September 4, 1991 Petition for review allowed October 29, 1991 Appeal from Circuit Court, Multnomah County. Stephen L. Gallagher, Judge. Joel S. DeVore and Luvaas, Cobb, Richards Fraser, […]

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1000 FRIENDS v. DIV. OF STATE LANDS, 46 Or. App. 425 (1980)

611 P.2d 1177 1000 FRIENDS OF OREGON, et al, Petitioners, v. DIVISION OF STATE LANDS, et al, Respondents. No. 2873, CA 16027Oregon Court of Appeals.Argued and submitted April 23, 1980 Reversed June 2, 1980 Reconsideration denied July 10, 1980 Petition for review denied September 3, 1980 (289 Or. 588) Judicial Review from Division of State […]

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STATE v. McALLISTER, 27 Or. App. 591 (1976)

556 P.2d 148 STATE OF OREGON, Respondent, v. RANDOLPH BRUCE McALLISTER, Appellant. 9162, CA 6425Oregon Court of Appeals.Argued November 16, 1976. Affirmed November 29, 1976. Appeal from Circuit Court, Coos County, John C. Warden, Judge. W. Michael Gillette, Solicitor General, and Donald L. Paillette, Assistant Attorney General, Salem, attorneys for respondent. Gary D. Babcock, Public […]

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IN THE MATTER OF YOUNGBLOOD-MACK, 201 Or. App. 299 (2005)

120 P.3d 29 IN THE MATTER OF SHARDAY YOUNGBLOOD-MACK, A MINOR CHILD. STATE EX REL JUVENILE DEPARTMENT OF LANE COUNTY v. YOUNGBLOOD. IN THE MATTER OF JERED YOUNGBLOOD, A MINOR CHILD. STATE EX REL JUVENILE DEPARTMENT OF LANE COUNTY v. YOUNGBLOOD. Nos. A126036, A126037.Oregon Court of Appeals. August 24, 2005. [EDITOR’S NOTE: This case is […]

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OREGON BANK v. HAWKINS, 71 Or. App. 791 (1985)

693 P.2d 1321 The OREGON BANK, Respondent, v. HAWKINS, Appellant. 83-180-NJ-3; CA A31053Oregon Court of Appeals.Argued and submitted October 31, 1984 Affirmed January 23, 1985 Appeal from Circuit Court, Jackson County. Mitchell Karaman, Judge. William A. Fowler, Medford, argued the cause for appellant. With him on the brief was Heffernan, Fowler, Alley McNair, Medford. Carlton […]

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CITY OF PORTLAND v. OREGONIAN PUBLISHING CO., 200 Or. App. 120 (2005)

112 P.3d 457 CITY OF PORTLAND, an Oregon municipal corporation, Appellant, v. OREGONIAN PUBLISHING COMPANY, Respondent. 0310-11712; A124262.Oregon Court of Appeals.Argued and submitted February 1, 2005. Affirmed June 1, 2005. Appeal from Circuit Court, Multnomah County. Michael C. Zusman, Judge pro tempore. Page 121 Harry Auerbach argued the cause for appellant. On the brief was […]

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FARMERS INS. CO. v. SNAPPY CAR RENTAL, INC., 128 Or. App. 516 (1994)

876 P.2d 833 FARMERS INSURANCE COMPANY OF OREGON, Respondent, v. SNAPPY CAR RENTAL, INC., Appellant. 9201-00214; CA A78550Oregon Court of Appeals.Argued and submitted September 3, 1993; Resubmitted In Banc April 6, 1994. Reversed June 22, 1994. Petition for review denied August 23, 1994 (319 Or. 625). In Banc Appeal from Circuit Court, Multnomah County, Stephen […]

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WISE v. HAYS, 74 Or. App. 245 (1985)

701 P.2d 1054 IRVING S. WISE, Respondent, v. HAYS, Appellant. 145,525; CA A33783Oregon Court of Appeals.Argued and submitted on May 17, 1985 Dismissed July 3, 1985 Appeal from Circuit Court, Marion County. Richard D. Barber, Judge. Scott McAlister, Assistant Attorney General, Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, […]

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PAUL v. KELLEY, 42 Or. App. 61 (1979)

599 P.2d 1236 PAUL, Appellant, v. KELLEY et ux, Respondents. No. 78 0965, CA 12964Oregon Court of Appeals.Argued and submitted June 18, 1979 Reversed remanded September 4, 1979 Page 62 Appeal from Circuit Court, Lane County. Helen J. Frye, Judge. Argued and submitted June 18, 1979. Bart R. Anderson, Eugene, argued the cause for appellant. […]

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STATE v. OWEN, 121 Or. App. 665 (1993)

855 P.2d 1141 STATE OF OREGON, Respondent, v. DAVID NICHOLS OWEN, Appellant. 91-1390; CA A75137Oregon Court of Appeals.Submitted on record and briefs June 2, 1993 Affirmed July 14, 1993 Reconsideration denied September 29, 1993 Petition for review denied November 30, 1993 (318 Or. 98) Appeal from Circuit Court, Clatsop County. Thomas E. Edison, Judge. Sally […]

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GRUETT v. NESBITT, 172 Or. App. 113 (2001)

17 P.3d 1090 In the Matter of the Adoption of Alexandra Rose Nesbitt, a minor child. CARL O. GRUETT, Appellant, v. JAYSA NESBITT, Respondent, and PLAN INTERNATIONAL ADOPTION SERVICES, INC., an Oregon corporation, DAVID DUNN and ELIZABETH DUNN, husband and wife, Third-Party Respondents. (97-5353-B-2 and 98-22454-F-2; CA A103925)Oregon Court of Appeals.Argued and submitted June 22, […]

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STATE EX REL STEVENSON v. RUTHERFORD, 33 Or. App. 351 (1978)

576 P.2d 808 STATE ex rel STEVENSON, Respondent, v. KENNETH D. RUTHERFORD, INC., Appellant. No. 165246, CA 8721Oregon Court of Appeals. Argued November 17, 1977, affirmed April 3, 1978 Appeal from District Court, Multnomah County. Edwin A. York, Judge. William B. Wyllie, Salem, argued the cause and filed the brief for appellant. Kent B. Thurber, […]

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MARSH v. OREGON STATE PENITENTIARY, 77 Or. App. 304 (1986)

713 P.2d 45 MARSH, Petitioner, v. OREGON STATE PENITENTIARY, Respondent. 05-83-323; CA A31967Oregon Court of Appeals.Submitted on record and briefs January 25, 1985. Remanded with instructions January 22, 1986. Judicial Review from Corrections Division. Michael Paul Marsh, Salem, filed the brief pro se for petitioner. Dave Frohnmayer, Attorney General, James E. Mountain, Jr., Solicitor General, […]

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BUCHANAN v. PUBLIC WELFARE DIV., 26 Or. App. 67 (1976)

552 P.2d 80 BUCHANAN, Petitioner, v. PUBLIC WELFARE DIVISION, Respondents. No. 2-11/01-ILB838-9, CA 5888Oregon Court of Appeals.Argued June 18, 1976. Affirmed July 19, 1976. Page 68 Judicial Review from Public Welfare Division. James K. Kocher, Lane County Legal Aid Service, Inc., Eugene, argued the cause and filed the brief for petitioner. Janet A. Metcalf, Assistant […]

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WOLFE v. SOUTH COAST CONST., 30 Or. App. 669 (1977)

567 P.2d 623 WOLFE, Respondent, v. SOUTH COAST CONSTRUCTION CO., INC., Appellant. No. 77-72, CA 8124Oregon Court of Appeals.Argued July 19, 1977 Reversed August 17, 1977 Appeal from Circuit Court, Coos County. James A. Norman, Judge. Ridgway K. Foley, Jr., Portland, argued the cause for appellant. With him on the brief were Souther, Spaulding, Kinsey, […]

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BAKER INDUSTRIES v. CROCKETT, 107 Or. App. 545 (1991)

813 P.2d 57 In the Matter of the Compensation of Millie M. Crockett, Claimant. BAKER INDUSTRIES and CNA Insurance Companies, Petitioners, v. Millie M. CROCKETT, Respondent. WCB 89-03462; CA A66108Oregon Court of Appeals.Argued and submitted April 22, 1991 Affirmed June 12, 1991 Judicial Review from Workers’ Compensation Board. Jerald P. Keene, Portland, argued the cause […]

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APPERSON v. MULTNOMAH COUNTY, 27 Or. App. 279 (1976)

555 P.2d 929 APPERSON, Appellant, v. MULTNOMAH COUNTY, Respondent. No. 413-818, CA 6072Oregon Court of Appeals.Argued September 27, 1976. Affirmed November 8, 1976. Appeal from Circuit Court, Multnomah County, Clifford B. Olsen, Judge. Alex L. Parks, Portland, argued the cause and filed the briefs for appellant. Paul G. Mackey, Deputy County Counsel, Portland, argued the […]

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STATE v. SCHLOTZHAUER, 77 Or. App. 553 (1986)

714 P.2d 243 STATE OF OREGON, Appellant, v. RICK RAY SCHLOTZHAUER, Respondent. STATE OF OREGON, Appellant, v. JOHN KEITH KUNNICK, Respondent. STATE OF OREGON, Appellant, v. MILLER A. ANDERSON, Respondent. STATE OF OREGON, Appellant, v. MILLER A. ANDERSON, Respondent. STATE OF OREGON, Appellant, v. MILLER A. ANDERSON, Respondent. STATE OF OREGON, Appellant, v. MILLER A. […]

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BURK v. BURK, 137 Or. App. 197 (1995)

903 P.2d 914 In the Matter of the Estate of Craig Alden Burk, Deceased. Sharon K. BURK, Appellant, v. Charles BURK and Naomi Burk, Respondents. 90CV2646PB; CA A83332Oregon Court of Appeals.Argued and submitted June 7, 1995. Reversed and remanded with instructions October 11, 1995. Page 198 Appeal from Circuit Court, Douglas County, Ronald Poole, Judge. […]

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D D COMPANY v. KAUFMAN, 139 Or. App. 459 (1996)

912 P.2d 411 In the Matter of the Compensation of Christopher J. Kaufman, Claimant. D D COMPANY and Farmers Insurance Company, Petitioners v. Christopher J. KAUFMAN, Respondent. 94-03382; CA A87983Oregon Court of Appeals.Argued and submitted January 29, 1996. Reversed and remanded March 6, 1996. Judicial Review from Workers’ Compensation Board. Jerald R. Keene argued the […]

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HEUBERGER v. ROUNSEFELL, 97 Or. App. 579 (1989)

776 P.2d 596 HEUBERGER, Appellant, v. ROUNSEFELL et al, Respondents. 88D-300323; CA A50857Oregon Court of Appeals.Argued and submitted June 12, 1989 Affirmed July 19, 1989 Appeal from the District Court, Marion County, John B. Wilson, Judge. Steven Schwindt, Canby, argued the cause for appellant. With him on the brief was Reif Reif, Canby. Dean M. […]

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STATE v. OLSON, 116 Or. App. 525 (1992)

842 P.2d 424 STATE OF OREGON, Respondent, v. CHERYL MARIE OLSON, Appellant. 89-11-36456; CA A65257Oregon Court of Appeals.Argued and submitted August 30, 1991 Reversed and remanded for new trial November 25, 1992 Appeal from Circuit Court, Multnomah County. Robert P. Jones, Judge. Ingrid A. MacFarlane, Deputy Public Defender, Salem, argued the cause for appellant. With […]

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INDUSTRIAL INDEMNITY v. PACIFIC MARITIME ASSOC., 97 Or. App. 676 (1989)

777 P.2d 1385 INDUSTRIAL INDEMNITY COMPANY, Appellant, v. PACIFIC MARITIME ASSOCIATION, Respondent. TC A8605-02657; CA A48626Oregon Court of Appeals.Argued and submitted April 24, 1989 Reversed and remanded July 26, 1989 Appeal from the Circuit Court, Multnomah County, Stephen L. Gallagher, Jr., Judge. Page 677 I. Franklin Hunsaker, Portland, argued the cause for appellant. With him […]

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STATE v. GOLIDY, 6 Or. App. 435 (1971)

488 P.2d 470 STATE OF OREGON, Respondent, v. EDDIE LEE GOLIDY, Appellant. C-58298Oregon Court of Appeals.Argued September 20, 1971 Affirmed September 20, 1971 Appeal from Circuit Court, Multnomah County. CHARLES S. CROOKHAM, Judge. R. Ryan Lawrence, Portland, argued the cause for appellant. With him on the brief were Susak and Lawrence, Portland. Thomas H. Denney, […]

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WAGNER v. RYDER TRUCK LINES, 70 Or. App. 420 (1984)

689 P.2d 1030 WAGNER, Appellant, v. RYDER TRUCK LINES, Respondent. A8107-04426; CA A30017Oregon Court of Appeals.Argued and submitted June 11, 1984 Reversed and remanded October 24, 1984 Appeal from Circuit Court, Multnomah County. Charles S. Crookham, Judge, Motion to Dismiss. Robert P. Jones, Judge, heard arguments and ruled from the bench on the Motion to […]

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STATE v. ROBERTSON, 54 Or. App. 630 (1981)

635 P.2d 1057 STATE OF OREGON, Appellant, v. DWIGHT ROBERTSON, Respondent. No. 10-80-07971, CA 19337Oregon Court of Appeals.Argued and submitted February 27, 1981 Reversed and remanded for trial November 9, 1981 Reconsideration denied January 6, 1981 Petition for review allowed January 26, 1982 (292 Or. 450) See later issue Oregon Reports Page 631 Appeal from […]

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STATE v. COLE, 84 Or. App. 497 (1987)

734 P.2d 393 STATE OF OREGON, Respondent, v. LESLIE HERBERT COLE, Appellant. (Cases Consolidated) 44312, 44313; CA A38805 (Control), A38806Oregon Court of Appeals.Argued and submitted December 29, 1986. Affirmed March 25, 1987. Appeal from the Circuit Court, Benton County, Wendell H. Tompkins, Judge. J. Marvin Kuhn, Chief Deputy Public Defender, Salem, argued the cause for […]

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STATE v. MOZINGO, 201 Or. App. 720 (2005)

120 P.3d 539 STATE OF OREGON, Respondent, v. MARK ALLEN MOZINGO, Appellant. 02CR0440; A122656.Oregon Court of Appeals.Submitted on record and brief July 29, 2005. September 28, 2005. Appeal from Circuit Court, Josephine County. Lindi L. Baker, Judge. David E. Groom filed the brief for appellant. Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General, […]

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CUNLIFFE v. POMPLIN, 102 Or. App. 403 (1990)

794 P.2d 816 Steven CUNLIFFE, Plaintiff, v. John POMPLIN and Emerald People’s Utility District, Defendants. John POMPLIN, Third-Party Plaintiff — Respondent, v. EMERALD PEOPLE’S UTILITY DISTRICT, Third-Party Defendant — Appellant. 16-88-03664; CA A60854Oregon Court of Appeals.Argued and submitted June 15, 1990 Affirmed July 18, 1990 Reconsideration denied September 5, 1990 Petition for review denied October […]

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GREGORY v. NOVAK, 121 Or. App. 651 (1993)

855 P.2d 1142 Donald Edward GREGORY and Evelyn Francys Gregory, Appellants, v. Mildred H. NOVAK, Rosemary Billingsley and Virgil Billingsley, Respondents. Mildred H. NOVAK, Rosemary Billingsley and Virgil Billingsley, Third-Party Plaintiffs, v. Gerald CHRISTIANSEN and JMC Investment Co., an Oregon corporation, Third-Party Defendants. 9010-06430; CA A75707Oregon Court of Appeals.Argued and submitted March 19, 1993 Reversed […]

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DYER v. R.E. CHRISTIANSEN TRUCKING, INC., 118 Or. App. 320 (1993)

848 P.2d 104 Joan DYER, Appellant, v. R.E. CHRISTIANSEN TRUCKING, INC., an Oregon corporation, and Elbert Jay Price, Respondents. CV89-0356; CA A68424Oregon Court of Appeals.Argued and submitted March 20, 1992 Reversed and remanded February 24, 1993 Reconsideration denied August 11, 1993 Petition for review pending 1993 Page 321 Appeal from Circuit Court, Douglas County. Joan […]

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NATION v. OREGON RACING COMM., 21 Or. App. 685 (1975)

536 P.2d 536 NATION, Petitioner, v. OREGON RACING COMMISSION ET AL, Respondents. Oregon Court of Appeals.Argued May 20, 1975 Affirmed June 16, 1975 Judicial Review of Oregon Racing Commission. Keith D. Skelton, Portland, argued the cause and filed the brief for petitioner. Page 686 Al J. Laue, Assistant Attorney General, Salem, argued the cause for […]

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STATE ex rel JUV. DEPT. v. BEYEA, 124 Or. App. 34 (1993)

860 P.2d 902 In the Matter of Brook Clayton Beyea, aka Mike, a Male Child. STATE ex rel JUVENILE DEPARTMENT OF COOS COUNTY, Respondent, v. Brook Clayton BEYEA, aka Mike, Appellant. J4167; CA A72215Oregon Court of Appeals.Submitted on record and briefs March 3, 1993. Affirmed October 20, 1993. Respondent’s motion for reconsideration filed November 17, […]

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STATE v. DOLAN, 74 Or. App. 16 (1985)

701 P.2d 478 STATE OF OREGON, Respondent, v. DAVID LEE DOLAN, aka Kenneth Allen Layman, Appellant. 10-83-07554; CA A31029Oregon Court of Appeals.Argued and submitted September 26, 1984 Affirmed June 5, 1985 Appeal from Circuit Court, Lane County. Douglas R. Spencer, Judge. Marilyn C. McManus, Deputy Public Defender, Salem, argued the cause for appellant. With her […]

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WHITLOCK v. KLAMATH COUNTY SCHOOL DISTRICT, 142 Or. App. 137 (1996)

920 P.2d 175 In the Matter of the Compensation of Glenn E. Whitlock, Claimant. Glenn E. WHITLOCK, Petitioner, v. KLAMATH COUNTY SCHOOL DISTRICT and Samis, Respondents. 93-13776; CA A87326Oregon Court of Appeals. Argued and submitted January 17, reversed and remanded for reconsideration July 3, 1996 Page 138 Judicial Review from Workers’ Compensation Board. Sean Lyell […]

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STATE v. BURR, 136 Or. App. 140 (1995)

901 P.2d 873 STATE OF OREGON, Appellant, v. NOAH BURR, Respondent. STATE OF OREGON, Appellant, v. CHRISTOPHER MICHAEL ALVAREZ, Respondent. STATE OF OREGON, Appellant, v. MATTHEW FRIES, Respondent. STATE OF OREGON, Appellant, v. MATTHEW ALAN VAN BERGEN, Respondent. 930258CR; CA A83869 (Control) 930259CR; CA A83870 930260CR; CA A83871 930261CR; CA A83872 (Cases Consolidated)Oregon Court of […]

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STATE EX REL JUV. DEPT. v. WICK, 57 Or. App. 336 (1982)

644 P.2d 603 In the Matter of Ronald R. Wick, a child. STATE ex rel JUVENILE DEPARTMENT OF MULTNOMAH COUNTY, Respondent, v. WICK, Appellant. No. 66,527, CA A20910Oregon Court of Appeals.Argued and submitted December 9, 1981 Affirmed May 12, 1982 Reconsideration denied July 22, 1982 Petition for review denied August 24, 1982 (293 Or. 483) […]

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WESTWOOD HOMEOWNERS ASSN., INC. v. LANE COUNTY, 118 Or. App. 310 (1993)

847 P.2d 862 WESTWOOD HOMEOWNERS ASSOCIATION, INC., Respondent, v. LANE COUNTY, Appellant. 16-90-10439; CA A71452Oregon Court of Appeals.Argued and submitted May 20, 1992 Affirmed February 24, 1993 Reconsideration denied April 28, 1993 Petition for review allowed June 22, 1993 (317 Or. 162) See later issue Oregon Reports Page 311 Appeal from Circuit Court, Lane County. […]

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STATE v. NIXON, 43 Or. App. 927 (1979)

607 P.2d 1198 STATE OF OREGON, Respondent, v. VICTOR JAMES NIXON, Appellant. No. 78-3152, CA 12319Oregon Court of Appeals.Argued and submitted May 24, 1979 Affirmed December 31, 1979 Reconsideration denied March 6, 1980 Petition for review denied April 15, 1980 Page 928 Appeal from Circuit Court, Lane County. George J. Woodrich, Judge. Thomas J. Crabtree, […]

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WEST v. CUPP, 54 Or. App. 759 (1981)

636 P.2d 424 JOE CARELLUS WEST, Respondent, v. CUPP, Appellant. No. 115299, CA 19527Oregon Court of Appeals.Argued and submitted May 20, 1981 Reversed November 16, 1981 Reconsideration denied December 23, 1981 Petition for review denied January 19, 1982 (292 Or. 450) Appeal from Circuit Court, Marion County. Wallace P. Carson, Jr., Judge. Jan Peter Londahl, […]

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STATE v. LEWIS, 18 Or. App. 206 (1974)

524 P.2d 1231 STATE OF OREGON, Respondent, v. RICHARD CHRISTOPHER LEWIS, Appellant. No. C-73-05-1555 CrOregon Court of Appeals.Argued April 17, 1974 Reversed and remanded July 29, 1974 Reconsideration denied September 4, 1974 Petition for review denied October 1, 1974 Appeal from Circuit Court, Multnomah County. RICHARD J. BURKE, Judge. J. Marvin Kuhn, Deputy Public Defender, […]

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STATE v. HAYES, 99 Or. App. 387 (1990)

782 P.2d 177 STATE OF OREGON, Respondent, v. RONALD DAVID HAYES, Appellant. M491470; CA A47365Oregon Court of Appeals.Argued and submitted July 15, 1988 Affirmed November 15, 1989 Reconsideration denied February 9, 1990 Petition for review denied March 6, 1990 (309 Or. 441) Appeal from District Court, Multnomah County. Thomas L. Moultrie, Judge. David T. McDonald, […]

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NEWCOMB v. THOMPSON, 176 Or. App. 167 (2001)

33 P.3d 319 SHAWN M. NEWCOMB, Appellant, v. S. FRANK THOMPSON, Superintendent, Oregon State Penitentiary, Respondent. 96C-13744; A100622Oregon Court of Appeals.Submitted on remand July 13, 2000. Filed: August 15, 2001 On remand from the Oregon Supreme Court. Newcomb v. Thompson, 330 Or. 360, 6 P.3d 1101 (2000). Appeal from Circuit Court, Marion County. Joseph V. […]

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STATE EX REL JUV. DEPT. v. McFARLAND, 85 Or. App. 298 (1987)

736 P.2d 594 In the Matter of Wayne McFarland, a Child. STATE ex rel JUVENILE DEPARTMENT OF LANE COUNTY, Respondent, v. McFARLAND, Appellant. 86-208; CA A41283Oregon Court of Appeals.Argued and submitted March 6, 1987. Reversed May 6, 1987. Appeal from the Circuit Court, Lane County, William A. Beckett, Judge. Patricia A. Vallerand, Eugene, argued the […]

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COOK v. WORKERS’ COMPENSATION DEPARTMENT, 87 Or. App. 486 (1988)

742 P.2d 714 COOK, dba Gresham Health Center Nurse Practitioner Clinic, Petitioner, v. WORKERS’ COMPENSATION DEPARTMENT, Respondent. WCD 6-1985; CA A38782Oregon Court of Appeals.Submitted on petitioner’s petition for reconsideration filed July 28 of former opinion (85 Or. App. 219, 736 P.2d 230 (1987)) filed May 1, 1988. Reconsideration allowed, rule upheld September 16, reconsideration denied […]

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GORDON v. FARRELL, 85 Or. App. 590 (1987)

737 P.2d 654 In the Matter of the Compensation of Kevin L. Farrell, Claimant. GORDON et al, Petitioners, v. FARRELL et al, Respondents. WCB 84-08997; CA A38881Oregon Court of Appeals.Argued and submitted January 5, 1987. Affirmed June 3, reconsideration denied July 24, petition for review denied August 24, 1987 (304 Or. 55). Judicial Review from […]

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MATTER OF THE MARRIAGE OF PHIPPS, 73 Or. App. 100 (1985)

698 P.2d 52 In the Matter of the Marriage of PHIPPS, Respondent, and PHIPPS, Appellant. 81-10-42; CA A30585)Oregon Court of Appeals.Argued and submitted October 26, 1984 Affirmed as modified April 10, 1985 Petition for reconsideration granted by opinion October 16, 1985 See 75 Or. App. 757, 707 P.2d 1287 (1985) Appeal from Circuit Court, Clackamas […]

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IN RE JACOBS AND JACOBS, 219 Or. App. 144 (2008)

182 P.3d 244 In the Matter of the Marriage of Joseph S. JACOBS, Petitioner-Appellant, and Elaine M. JACOBS, nka Elaine Margaret Ross, Respondent-Respondent. Nos. DR0201033; A128771.Oregon Court of Appeals.Filed November 28, 2007. April 2, 2008. Appeal from the Clackamas County Circuit Court. Steven L. Maurer, Judge. (General Judgment) Douglas V. Van Dyk, Judge. (Supplemental Judgment) […]

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JORDAN v. EMPLOYMENT DEPT., 195 Or. App. 404 (2004)

97 P.3d 1273 Cyndee J. JORDAN, Petitioner, v. EMPLOYMENT DEPARTMENT and Lomas Financial Services, Respondents. 03-AB-1637; A122323.Oregon Court of Appeals.Argued and submitted July 29, 2004. Affirmed September 22, 2004. Page 405 Judicial Review from Employment Appeals Board. Richard E. Oberdorfer argued the cause for petitioner. With him on the brief was Oberdorfer Law Firm LLC. […]

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GUARDIAN MANAGEMENT, LLC v. ZAMIELLO, 194 Or. App. 524 (2004)

95 P.3d 1139 GUARDIAN MANAGEMENT, LLC, on behalf of St. Vincent DePaul Villa, Respondent, v. JAMES ZAMIELLO, Appellant. 02F 007-058; A118878.Oregon Court of Appeals.Argued and submitted October 15, 2003. Filed: August 11, 2004. Page 525 Appeal from Circuit Court, Multnomah County. David Smedema, Judge. Frank Wall argued the cause and filed the briefs for appellant. […]

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IN THE MATTER OF PECK, 201 Or. App. 299 (2005)

120 P.3d 29 IN THE MATTER OF JONATHAN PECK, ALLEGED TO BE A MENTALLY ILL PERSON. STATE v. JONATHAN PECK. No. A122805.Oregon Court of Appeals. August 24, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Cases affirmed without opinion.

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CASES AFFIRMED FROM THE BENCH, 15 Or. App. 204 (1973)

CASES AFFIRMED FROM THE BENCHOregon Court of Appeals. October 9, 1973 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] 514 P.2d 1374 State v. Bulletset, Frederick Louis. State v. Gonzales, Raul, Jr. State v. Johnson, Mike. State v. Nudd, Bradford William. State v. Wiggs, Deborah Anne. Peterson and Peterson (In the […]

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PANEK v. OREGON HEALTH SCIENCES UNIV. AND SAIF, 123 Or. App. 636 (1994)

861 P.2d 363 In the Matter of the Compensation of Pamela J. Panek, Claimant. Pamela J. PANEK, Petitioner, v. OREGON HEALTH SCIENCES UNIVERSITY and SAIF Corporation, Respondents. WCB 91-01729; CA A75325Oregon Court of Appeals. Argued and submitted March 29, reversed and remanded for reconsideration in part; otherwise affirmed October 6, reconsideration denied December 15, 1993, […]

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MATTIZA v. FOSTER, 93 Or. App. 619 (1989)

762 P.2d 1067 MATTIZA, Appellant, v. FOSTER, Respondent. 87-01-21, 356-L; CA A46889Oregon Court of Appeals.Submitted on record and briefs September 30, 1989 Affirmed; motions for penalty and attorney fee denied October 26, 1989 Reconsideration denied December 9, 1988 Petition for review denied January 31, 1989 (307 Or. 340) Appeal from the Circuit Court, Malheur County, […]

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STATE v. STULL, 113 Or. App. 156 (1992)

831 P.2d 690 STATE OF OREGON, Respondent, v. BARRY JOE STULL, Appellant. 90-02-31186; CA A68331Oregon Court of Appeals.Submitted on petition for reconsideration filed February 12, 1992 Reconsideration allowed; former decision (110 Or. App. 633, 823 P.2d 457) adhered to May 13, 1992 Appeal from Circuit Court, Multnomah County. Stephen L. Gallagher, Judge. John A. Wetteland, […]

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STATE v. JOHANN, 34 Or. App. 363 (1978)

578 P.2d 810 STATE OF OREGON, Respondent, v. KENNETH EUGENE JOHANN, Appellant. No. C 76-06-08924, CA 8647Oregon Court of Appeals.Argued January 17, 1978. Affirmed May 15, reconsideration denied July 26, petition for review denied September 8, 1978. Appeal from the Circuit Court, Multnomah County, William M. Dale, Judge. Nely L. Johnson, Portland, argued the cause […]

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COMPUTER CONCEPTS, INC. v. BRANDT, 137 Or. App. 572 (1995)

905 P.2d 1177 COMPUTER CONCEPTS, INC., Profit Sharing Plan; and Computer Concepts, Inc., Pension Plan, succeeded in interest by Don Weidenweber, Self-Directed Individual Retirement Account, by and through its custodian, Piper Jaffray Hopwood, Incorporated, Respondents, v. William D. BRANDT, Marc McDevitt and Cynthia L. Barrett, Personal Representative of the Estate of Peter C. Murphy, Sr., […]

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CASES AFFIRMED FROM THE BENCH, 26 Or. App. 883 (1976)

CASES AFFIRMED FROM THE BENCHOregon Court of Appeals. September 20, 1976 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] (554 P.2d 1031) State v. Joe Arias State v. Rafael Angel Borgos (6363) (6364) (6365) State v. Jimmy Franklin Bunse State v. Marvin Lee Cameron, reconsideration denied October 27, petition for review […]

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STATE v. BRAGA, 185 Or. App. 494 (2002)

60 P.3d 551 STATE OF OREGON, Respondent, v. VICTOR LANE BRAGA, Appellant. 00-05-34361; A112236.Oregon Court of Appeals.Argued and submitted November 26, 2002. Filed: December 26, 2002. Appeal from Circuit Court, Multnomah County. Michael H. Marcus, Judge. Steven V. Humber, Deputy Public Defender, argued the cause for appellant. With him on the brief was David E. […]

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STATE v. WEST, 31 Or. App. 1177 (1977)

572 P.2d 349 STATE OF OREGON, Respondent, v. JAMES WILMER WEST, Appellant. No. 17-163B, CA 7910Oregon Court of Appeals. Argued August 24, reversed December 12, 1977 Appeal from Circuit Court, Washington County. Gregory E. Milnes, Judge. Gregory A. Hartman, Portland, argued the cause for appellant. With him on the brief was Willner, Bennett, Riggs Skarstad, […]

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PERSAD v. KAISER FOUNDATION HOSPITAL, INC., 106 Or. App. 615 (1991)

809 P.2d 706 Clarence PERSAD, as Personal Representative of the Estate of Esther C. Persad, Deceased, Appellant, v. KAISER FOUNDATION HOSPITAL, INC., Kaiser Foundation Health Plan of the Northwest, Inc., and Northwest Permanente, P.C., Respondents, and BUCK MEDICAL SERVICES, INC., dba Willamette Falls Ambulance Service, Defendant. A8804 02246; CA A61939Oregon Court of Appeals.Argued and submitted […]

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STATE v. JUAREZ-GODINEZ, 135 Or. App. 591 (1995)

900 P.2d 1044 STATE OF OREGON, Appellant, v. ROGELIO JUAREZ-GODINEZ, Respondent. 92C-21343; CA A78977Oregon Court of Appeals.Argued and submitted February 28, 1994; Resubmitted In Banc June 8, 1994. Affirmed July 26, 1995. Page 592 Appeal from Circuit Court, Marion County. Rodney W. Miller, Judge. Timothy A. Sylwester, Assistant Attorney General, argued the cause for appellant. […]

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GRAY PANTHERS v. PUB. WEL. DIV., 28 Or. App. 841 (1977)

561 P.2d 674 GRAY PANTHERS et al, Petitioners, v. PUBLIC WELFARE DIVISION et al, Respondents. OREGON STATE COMMITTEE FOR PROGRESS THROUGH LAW, Petitioner, v. PUBLIC WELFARE DIVISION et al, Respondents. (Cases consolidated) No. CA 7586 No. CA 7623Oregon Court of Appeals.Argued March 1, 1977. Reversed and remanded March 21, 1977. Page 842 Judicial Review to […]

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STATE v. ANDERSON, 228 Or. App. 237 (2009)

206 P.3d 1217 STATE OF OREGON, Plaintiff-Respondent, v. JAMES EDWARD ANDERSON, Defendant-Appellant. Nos. 080431570; A139535.Oregon Court of Appeals.Submitted April 3, 2009. April 29, 2009. Appeal from the Multnomah County Circuit Court John A. Wittmayer, Judge. Garrett A. Richardson and Multnomah Defenders, Inc., filed the brief for appellant. John R. Kroger, Attorney General, Erika L. Hadlock, […]

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WEIDMAN v. UNION CARBIDE, 59 Or. App. 381 (1982)

650 P.2d 1084 In the Matter of the Compensation of Brock Weidman, Claimant. WEIDMAN, Petitioner, v. UNION CARBIDE CORPORATION et al, Respondents. WCB Case No. 81-04440, CA A23955Oregon Court of Appeals.Argued and submitted July 21, 1982. Reversed and remanded with instructions September 15, reconsideration denied October 14, 1982. Petition for review denied December 29, 1982 […]

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STATE v. SWINT, 3 Or. App. 528 (1970)

475 P.2d 434 STATE OF OREGON, Respondent, v. STEVEN JAMES SWINT, Appellant. Oregon Court of Appeals.Argued September 25, 1970 Affirmed October 15, 1970 Appeal from Circuit Court, Multnomah County. JAMES M. BURNS, Judge. Jere M. Webb, Portland, argued the cause for appellant. On the brief was Howard M. Feuerstein, Portland. Page 529 Jacob B. Tanzer, […]

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STATE v. HARRINGTON, 229 Or. App. 473 (2009)

211 P.3d 972 STATE OF OREGON, Plaintiff-Respondent, v. KRIS LEE HARRINGTON, Defendant-Appellant. Nos. 05CR0691; A136806.Oregon Court of Appeals.Submitted May 28, 2009. July 8, 2009. Appeal from the Josephine County Circuit Court, Thomas M. Hull, Judge. Page 474 Peter Gartlan, Chief Defender, and David O. Ferry, Deputy Public Defender, Appellate Division, Office of Public Defense Services, […]

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STATE v. JEFFERSON, 107 Or. App. 758 (1991)

813 P.2d 65 STATE OF OREGON, Respondent, v. LAWRENCE EDWARD JEFFERSON, Appellant. DA 392674-8904; CA A64362Oregon Court of Appeals.Argued and submitted March 11, 1991 Affirmed June 19, 1991 Appeal from District Court, Multnomah County. Anthony Casciato, Judge. David M. Vandenberg, Beaverton, argued the cause and filed the brief for appellant. Jas. Adams, Assistant Attorney General, […]

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STATE v. EMERY/RESOLUTE INSURANCE, 12 Or. App. 37 (1973)

504 P.2d 1405 STATE OF OREGON, Respondent, v. WILLARD MARK EMERY, Defendant, AND RESOLUTE INSURANCE COMPANY, Appellant. No. 27812Oregon Court of Appeals.Submitted December 19, 1972 Affirmed January 12, 1973 Petition for review denied February 21, 1973 Page 38 Appeal from Circuit Court, Yamhill County. KURT C. ROSSMAN, Judge. L. M. Giovanini, Beaverton, for appellant. Gary […]

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McCAULEY v. DEPARTMENT OF REVENUE, 30 Or. App. 87 (1977)

566 P.2d 537 McCAULEY, Appellant, v. DEPARTMENT OF REVENUE, Respondent. No. 95862, CA 7527Oregon Court of Appeals.Argued May 23, 1977 Affirmed July 18, 1977 Reconsideration denied August 11, 1977, Appeal from Circuit Court, Marion County. Richard D. Barber, Judge. Donald H. Upjohn, Salem, argued the cause for appellant. With him on the brief was Heltzel, […]

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CASES AFFIRMED FROM THE BENCH, 42 Or. App. 835 (1979)

CASES AFFIRMED FROM THE BENCHOregon Court of Appeals. October 17, 1979. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] (601 P.2d 916) Addington, Daniel v. Oregon State Penitentiary (14670) Addington, Daniel v. Oregon State Correctional Institution (14671) Brothers, Ricky v. Oregon State Penitentiary (14648) Davis, Edith Dell v. Oregon Women’s Correctional […]

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PATRICK v. OTTEMAN, 158 Or. App. 175 (1998)

974 P.2d 217 Vineta L. PATRICK, as personal representative of the Estate of Ralph E. Patrick, deceased, Appellant — Cross-Respondent, v. Richard Henry OTTEMAN, M.D., Respondent — Cross-Appellant, and MERLE WEST MEDICAL CENTER, an Oregon corporation, Defendant. 9402629CV; CA A91499.Oregon Court of Appeals. Argued and submitted July 1, 1998, affirmed on appeal; cross-appeal dismissed as […]

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MULTNOMAH COUNTY v. OBIE, 207 Or. App. 482 (2006)

142 P.3d 496 In the Matter of the Compensation of Sandra D. Obie, Claimant. MULTNOMAH COUNTY, Petitioner, v. Sandra D. OBIE, Respondent. No. 03-06460; A125845.Oregon Court of Appeals.Argued and submitted March 17, 2006. August 30, 2006. Judicial Review from Workers’ Compensation Board. Jerald P. Keene argued the cause and filed the briefs for petitioner. Daniel […]

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NIELSEN v. MYERS, 193 Or. App. 388 (2004)

90 P.3d 628 DAN NIELSEN, RAY SWEAT, and SHARA SWEAT, Appellants, and QUINCY NEWMAN and DARREL MICKA, deceased, Plaintiffs, v. HARDY MYERS, THOMAS K. ELDEN, and STEVE SANDERCOCK, Defendants, and STATE OF OREGON, Respondent. 9904573 CV; A113071.Oregon Court of Appeals.Argued and submitted January 7, 2003. Filed: May 12, 2004. Appeal from Circuit Court, Klamath County. […]

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PER CURIAM OPINIONS, 68 Or. App. 385 (1984)

PER CURIAM OPINIONSOregon Court of Appeals. May, 1984 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] May 9, 1984 Amacher et al v. Cupp (A29018). Affirmed. See Atkeson v. Cupp, 68 Or. App. 196, 680 P.2d 722 (1984). (680 P.2d 725, rev den 297 Or. 546) Dee et al v. Cupp […]

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GAMMELGAARD v. HILLIS PEAK ENTERPRISES, INC., 116 Or. App. 641 (1993)

842 P.2d 457 Donald R. GAMMELGAARD, Jr., Donald R. Gammelgaard, Sr., Marilyn Gammelgaard, and Albert Harrison, Jr., Respondents, v. HILLIS PEAK ENTERPRISES, INC., an Oregon corporation, James Dodson, Dogwood Enterprises, Inc., an Oregon corporation, and Lee Trippett, Appellants. 90-1074-E-2; CA A72025Oregon Court of Appeals.Argued and submitted June 15, 1992 Affirmed December 2, 1992 Reconsideration denied […]

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STATE v. BELL, 96 Or. App. 74 (1989)

771 P.2d 305 STATE OF OREGON, Respondent, v. TODD ALLEN BELL, Appellant. C 87-12-37093; CA A48759Oregon Court of Appeals.Argued and submitted February 28, 1989 Affirmed April 5, reconsideration denied May 26, petition for review denied June 13, 1989 (308 Or. 142) Appeal from the Circuit Court, Multnomah County, Kimberly C. Frankel, Judge pro tempore. Ingrid […]

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STATE v. NIX, 236 Or. App. 32 (2010)

237 P.3d 842 STATE OF OREGON, Plaintiff-Appellant, v. JAMES TYLER NIX, Defendant-Respondent. No. 07122775; A138483.Oregon Court of Appeals.Argued and submitted on July 30, 2009. Reversed and remanded June 23, 2010. Page 33 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 33-a [EDITORS’ […]

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DAMIS v. COTTER COMPANY, 89 Or. App. 219 (1988)

748 P.2d 166 In the Matter of the Compensation of Vlassios Damis, Claimant. DAMIS, Petitioner, v. COTTER COMPANY et al, Respondents. WCB 85-06061; CA A42156Oregon Court of Appeals.Argued and submitted October 12, 1987, Affirmed January 13, 1988 Judicial Review from Workers’ Compensation Board. Page 220 Robert K. Udziela, Portland, argued the cause for petitioner. With […]

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STATE v. MARTINEZ-ALVAREZ, 245 Or. App. 369 (2011)

IN THE COURT OF APPEALS OF THE STATE OF OREGON STATE OF OREGON, Plaintiff-Appellant, v. CESAR MARTINEZ-ALVAREZ, aka Cesar Alvarez Martinez, Defendant-Respondent. Nos. 097093; A144728.Oregon Court of Appeals.Argued and submitted July 28, 2011. September 8, 2011. Appeal from the Clatsop County Circuit Court, Paula Brownhill, Judge. Joanna L. Jenkins, Assistant Attorney General, argued the cause […]

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STATE v. BROWN, 204 Or. App. 253 (2006)

129 P.3d 804 STATE v. RICHARD HOWARD BROWN. No. A127056.Oregon Court of Appeals. January 31, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Case affirmed without opinion.

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ZELFER v. DEPT. OF CORRECTIONS, 137 Or. App. 502 (1995)

905 P.2d 244 JOSEPH LANE ZELFER, Petitioner, v. DEPARTMENT OF CORRECTIONS, Respondent. CA A86542Oregon Court of Appeals.Submitted on record and briefs July 28, 1995. Rule held valid November 8, 1995. Judicial Review of Administrative Rule. Joseph Lane Selfer filed the brief pro se. Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Stephen […]

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CITY OF SALEM v. SALISBURY, 168 Or. App. 14 (2000)

5 P.3d 1131 CITY OF SALEM, an Oregon Municipal corporation, Respondent, v. STEVEN P. SALISBURY, GEORGE R. FINCH, and THEODORE J. KISTNER, Appellants, and SALEM POLICE EMPLOYEES’ UNION, by and through Terry Locke, Intervenor-Appellant. Nos. 96C12377; CA A103039Oregon Court of Appeals.Argued and submitted October 6, 1999. Filed: May 31, 2000 Page 15 Appeal from Circuit […]

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