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EATHERLY v. OREGON STATE CORR. INST.

544 P.2d 1053 (1976)

Wayne EATHERLY, Petitioner, v. OREGON STATE CORRECTIONAL INSTITUTION, Personnel Division, and James A. Ward, Respondents.

Court of Appeals of Oregon.

Decided January 12, 1976.

Attorney(s) appearing for the Case

Gregory A. Hartman, Portland, argued the cause for petitioner. With him on the brief were Willner, Bennett, Riggs & Skarstad and James B. Kenin, Portland.

John W. Burgess, Asst. Atty. Gen., Salem, argued the cause for respondents. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

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

FORT, Judge.

A new position entitled ombudsman was created at the Oregon State Correctional Institution. In accordance with the Oregon merit system law, ORS ch. 240, procedures were instituted by the Corrections Division of the Department of Human Resources to fill the position, which was classified as Administrative Assistant 3 (Ombudsman). Petitioner was one of eight successful applicants who passed the test administered...

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