584 P.2d 361
No. 38782, CA 10023Oregon Court of Appeals.Argued September 19, 1978.
Reversed September 25, reconsideration denied October 31, petition for review denied November 15, 1978, 248 Or. 235.
Appeal from the Circuit Court, Lincoln County, Albert R. McMullen, Judge.
William A. Barton, Newport, argued the cause for appellant. With him on the brief was Barton Armbruster, Newport.
James H. Lewelling, Newport, argued the cause and filed the brief for respondent.
Before Schwab, Chief Judge, and Johnson, Gillette and Roberts, Judges.
PER CURIAM.
Reversed.
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PER CURIAM.
The issue involved in this declaratory judgment proceedings is whether deputy sheriffs are public employes serving a public employer — the sheriff. Assuming, arguendo, that the circuit court had jurisdiction to entertain the proceedings, its decision was contrary to Hockema v. OSEA, 34 Or. App. 527, 579 P.2d 282 (1978), decided subsequent to the decree entered here.
Reversed.
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