VON WALTER v. CITY OF CANBY


526 P.2d 599 (1974)

Ronal VON WALTER, Appellant, v. CITY OF CANBY, an Oregon Municipal Corporation, Respondent.

Court of Appeals of Oregon.

Decided September 23, 1974.


Attorney(s) appearing for the Case

Vincent G. Robeson, Lake Oswego, argued the cause and filed the briefs for appellant.

Wade P. Bettis, Jr., Canby, argued the cause for respondent. With him on the brief were Bettis & Reif, Canby.

Stanley E. Erickson and Wilson & Erickson, Portland, filed a brief amici curiae for the Portland Police Association and the Oregon Council of Police Associations.

John W. Osburn, City Atty., Portland, and Thomas R. Williams, Deputy City Atty., Portland, filed a brief amici curiae for the City of Portland.

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


THORNTON, Judge.

This case arises out of a dispute between the City of Canby and five of its police officers over the right of the police to receive `overtime pay.' Plaintiff, who was the former chief of police, brought this action on his own behalf and as assignee of similar claims of four fellow police officers, seeking damages for the City's refusal to compensate them in full for `overtime' work. All were employed on a monthly salary basis.

The circuit...

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