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LINES v. CITY OF MILWAUKIE

515 P.2d 938 (1973)

Marvin F. LINES, Respondent, v. CITY OF MILWAUKIE, a Municipal Corporation, et al., Appellants.

Court of Appeals of Oregon.

Decided November 13, 1973.

Rehearing Denied December 6, 1973.

Review Denied January 15, 1974.

Attorney(s) appearing for the Case

Myer Avedovech, City Atty. Milwaukie, argued the cause and filed the briefs for appellants.

Robert A. Bennett, Portland, argued the cause for respondent. With him on the brief were Willner, Bennett, Meyers, Riggs, and Skarstad, Portland.

Before SCHWAB, C.J., and LANGTRY and THORNTON, JJ.

SCHWAB, Chief Judge.

Plaintiff was employed in a civil service position — a fireman — by the defendant-city. Under the terms of the city charter he could only be discharged "for cause." After being discharged, plaintiff brought this action contending there was no cause therefor. The circuit court ruled in plaintiff's favor and defendants appeal.

Defendants' two assignments of error are stated in these terms:

(1) "The trial court committed...

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