COX v. McNAMARA


493 P.2d 54 (1972)

Robert COX, On His Own Behalf and for Others Similarly Situated, Appellant, v. Donald I. McNamara, Chief of Portland Police Bureau, Portland Police Association, and City of Portland, Oregon, Respondents.

Court of Appeals of Oregon, Department 2.

Decided January 28, 1972.

Rehearing Denied February 23, 1972.

Review Denied April 11, 1972.


Attorney(s) appearing for the Case

Howard R. Lonergan, Portland, argued the cause and filed the briefs for appellant.

Richard A. Braman, Senior Deputy City Atty., Portland, argued the cause for respondents McNamara and City of Portland. With him on the brief was Marian C. Rushing, City Atty., Portland.

Lyndon A.S. Wilson, Jr., Portland, argued the cause for respondent Portland Police Association. With him on the brief was Stanley E. Erickson, Portland.

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


THORNTON, Judge.

This appeal is from a decree dismissing a class suit of plaintiff, a Portland policeman, requesting a declaratory judgment that the general order1 issued by defendant Police Chief McNamara restricting off-duty employment by police personnel is invalid and enjoining its enforcement.

Plaintiff contends that the exceptions to the regulation make it so arbitrary and discriminatory that it violates the due process and...

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