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MORROW COUNTY HEALTH v. ACCOUNT CONTROL

98-CV-170; A105718

23 P.3d 1004 (2001)

174 Or. App. 153

MORROW COUNTY HEALTH DISTRICT, a Municipal corporation, dba Pioneer Memorial Hospital, Respondent, v. ACCOUNT CONTROL CONSULTANT ENTERPRISES, INC., an Oregon corporation, Appellant. Account Control Consultant Enterprises, Inc., an Oregon corporation, Third-Party Plaintiff, v. Cara Osmin, individually, Third-Party Defendant.

Court of Appeals of Oregon.

Decided May 9, 2001.

Attorney(s) appearing for the Case

Lisa E. Lear, Portland, argued the cause for appellant. With her on the briefs were John M. Junkin, John R. Osburn and Bullivant Houser Bailey.

Darleen R. Darnall, Portland, argued the cause for respondent. With her on the brief were Robert D. Newell and Davis Wright Tremaine.

Before EDMONDS, Presiding Judge, and ARMSTRONG and KISTLER, Judges.

ARMSTRONG, J.

Plaintiff is a public health district, organized under ORS chapter 440, which operates Pioneer Memorial Hospital. In 1991, plaintiff entered into a management agreement with Western Health Resources (WHR) to manage the hospital. With plaintiff's concurrence, WHR assigned Susan Brock to serve as the hospital's administrator. The management agreement authorizes WHR, inter alia,

"[i]n the name of...

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