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RADKE v. BROPHY

551 P.2d 439 (1976)

Gary RADKE, Appellant, v. C.R. BROPHY, Dba C.R. Brophy Machine Works, Respondent.

Supreme Court of Oregon, Department 2.

Decided June 24, 1976.

Attorney(s) appearing for the Case

Nathan J. Heath, Portland, argued the cause for appellant. With him on the brief were Richard D. Senders and Heath, Rae & Senders, Portland.

William L. Hallmark of Jones, Lang, Klein, Wolf & Smith, Portland, argued the cause and filed a brief for respondent.

Before DENECKE, C.J., and O'CONNELL, HOLMAN and BRYSON, JJ.

HOLMAN, Justice.

Plaintiff brought an action for damages resulting from personal injuries caused by an employee of defendant. Defendant and plaintiff's employer were both covered under the Workmen's Compensation Act. By way of supplemental answer, defendant raised the joint control and common enterprise defense provided for in ORS 656.154.1 After trial on this separate issue, judgment was entered...

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