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McHORSE v. PORTLAND GENERAL ELECTRIC COMPANY

521 P.2d 315 (1974)

H.B. McHorse, Respondent-Cross-Appellant, v. PORTLAND GENERAL ELECTRIC COMPANY, an Oregon Corporation, Appellant-Cross-Respondent.

Supreme Court of Oregon, In Banc.

Decided April 11, 1974.

Attorney(s) appearing for the Case

Jarvis B. Black, Portland, argued the cause for appellant and cross-respondent. With him on the briefs were Phillips, Coughlin, Buell, Stoloff & Black, Portland.

Lawrence N. Brown and D. Keith Swanson, Salem, argued the cause for respondent and cross-appellant. With them on the brief were Brown, Burt & Swanson, Salem.

HOWELL, Justice.

Plaintiff filed this suit to require defendant to specifically perform a long-term disability income plan which the defendant had initiated for the benefit of its employees. The trial court entered a decree in favor of plaintiff, and defendant appeals. Plaintiff states that his complaint is in equity and the defendant denominates the plaintiff's case as a declaratory judgment proceeding. Both parties agree that the cause should be determined as a...

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