MEKKAM v. OREGON HEALTH SCIENCES UNIV., 319 Or. 623 (1994)

879 P.2d 180

Charles MEKKAM, Petitioner on Review/Respondent on Review, v. OREGON HEALTH SCIENCES UNIVERSITY, and Douglas McDonald, Respondents on Review/Petitioners on Review.

CC 9103-01566; CA A75085; SC S41206, S41385Oregon Supreme Court.Submitted March 30 and June 15, 1994
Remanded for further consideration August 25, 1994

In Banc

On review from the Court of Appeals.[*]

[*] Appeal from Multnomah County Circuit Court, Robert P. Jones, Judge. 126 Or. App. 484, 869 P.2d 363 (1994).

Richard C. Busse and Scott N. Hunt, Portland, filed the petition for petitioner on review/respondent on review.

Jas. Adams, Assistant Attorney General, Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General, Salem, filed the petition and response for respondents on review/petitioners on review.

Page 624

MEMORANDUM OPINION

The petitions for review are allowed.[1] The decision of the Court of Appeals is vacated. The case is remanded to the Court of Appeals for further consideration in the light of Rivers v. Roadway Express, Inc., ___ U.S. ___, 114 S Ct 1510, 128 L Ed 2d 274
(1994).

[1] Our allowance of both petitions does not represent any opinion as to the validity of any argument asserted by either petitioner.

Page 625

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