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APPEAL OF STANTON

560 P.2d 667 (1977)

28 Or.App. 643

APPEAL OF Warren A. STANTON from One Day Suspension by Fairview Hospital and Training Center. Fairview Hospital and Training Center, Petitioner, v. Warren A. Stanton, Respondent.

Court of Appeals of Oregon.

Decided February 28, 1977.

Attorney(s) appearing for the Case

W. Michael Gillette, Sol. Gen., Salem, argued the cause for petitioner. With him on the brief was Lee Johnson, Atty. Gen., Salem.

John S. Irvin, Salem, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., and LEE and RICHARDSON, JJ.

SCHWAB, Chief Judge.

The simple facts of this case put the more complicated issue in perspective. A resident of Fairview Hospital and Training Center claimed that respondent, a Fairview employe, struck him. Respondent emphatically denied he struck the resident. The only other evidence was that there was a red mark on the complaining resident and that the resident in question may have been in some kind of altercation with other residents the day of the alleged assault...

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