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LUNDY v. MORGAN

570 P.2d 84 (1977)

31 Or.App. 151

Burl I. LUNDY, Appellant, v. Ross MORGAN, Administrator of the Employment Division of the Department of Human Resources of the State of Oregon, and the State of Oregon, by and through Its Employment Division of the Department of Human Resources, Respondents.

Court of Appeals of Oregon.

Decided October 17, 1977.

Attorney(s) appearing for the Case

John S. Irvin, Salem, argued the cause and filed the briefs for appellant.

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

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

LEE, Judge.

Petitioner appeals from the circuit court's order sustaining a demurrer to his petition to compel the Employment Division to grant him certain back pay.

Accepting the facts as stated in the petition as true, petitioner, a full-time classified employe of the Employment Division, became eligible for an annual merit salary increase of one pay step, or $58 monthly, in January 1973. At that time, the rules of...

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