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MYERS v. BD. OF DIR. OF TUALATIN RURAL FIRE

483 P.2d 95 (1971)

David B. MYERS, Respondent-Cross-Appellant, v. THE BOARD OF DIRECTORS OF TUALATIN RURAL FIRE DISTRICT OF THE STATE OF OREGON, and Ivan Jack, Glen Cumberland, Hans Gaarde, Charles Stearns, and Robert Saarinen, Constituting Members of Said Board, Appellants-Cross-Respondents. James Sherwood, Respondent-Cross-Appellant, v. The Board of Directors of Tualatin Rural Fire District of the State of Oregon, and Ivan Jack, Glen Cumberland, Hans Gaarde, Charles Stearns, and Robert Saarinen, Constituting Members of Said Board, Appellants-Cross-Respondents.

Court of Appeals of Oregon, Department 2.

Decided April 1, 1971.

Attorney(s) appearing for the Case

Fred A. Anderson, Tigard, argued the cause for appellants — cross-respondents. With him on the briefs were Anderson & Dittman, Tigard.

David F. Rennie, Portland, argued the cause for respondents — cross-appellants. With him on the briefs were Parks, Teiser & Rennie, Portland.

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

THORNTON, Judge.

This is a dispute between the Board of Directors of the Tualatin Rural Fire District and two discharged firemen over the right of the discharged employes to reinstatement to their former positions, with retroactive pay. Petitioners were employed by the fire district July 1, 1965, and were dismissed May 16, 1968, in a dispute over "standby time" and other matters. Following their dismissal the employes each brought a mandamus proceeding to compel the...

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