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PALMER v. CENTRAL OREGON IRR. DIST.

37507-WE; CA A40845.

754 P.2d 601 (1988)

91 Or.App. 132

Merritt PALMER, Respondent-Cross-Appellant, v. CENTRAL OREGON IRRIGATION DISTRICT, Appellant-Cross-Respondent.

Court of Appeals of Oregon.

Decided May 11, 1988.

Reconsideration Denied July 8, 1988.

Attorney(s) appearing for the Case

William M. Holmes, Bend, argued the cause for appellant-cross-respondent. With him on the briefs was Gray, Fancher, Holmes, Hurley & Bischof, Bend.

Douglas A. Haldane, Eugene, argued the cause for respondent-cross-appellant. On the brief was Philip H. Garrow, Bend.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

DEITS, Judge.

Defendant appeals and plaintiff cross-appeals in this action arising out of defendant's alleged failure to reinstate plaintiff to his former position or to another position in defendant's employ when he sought to return to work after suffering a compensable injury. Plaintiff states three claims (called "counts" in his pleadings): first, that defendant violated ORS 659.415 by not restoring him to his former position or, if it was unavailable, to another...

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