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BROWN v. TRANSCON LINES

TC A 7611-16415; SC 25513.

588 P.2d 1087 (1978)

284 Or. 597

Frank E. BROWN, Appellant, v. TRANSCON LINES, a California Corporation, and J.D. Earley, Respondents.

Supreme Court of Oregon, In Banc.

Decided December 27, 1978.

Attorney(s) appearing for the Case

Allen Reel, of Kennedy, King & McClurg, Portland, argued the cause and filed the briefs for appellant.

Richard H. Harding, of Littler, Mendelson, Fastiff & Tichy, P.C., San Francisco, Cal., argued the cause for respondents. With him on the brief were Arlene N. Heath, of Littler, Mendelson, Fastiff & Tichy, P.C., San Francisco, Cal., and Leon Simson, of Rives, Bonyhadi, Drummond & Smith, Portland.

TONGUE, Justice.

Plaintiff brought this action against his former employer and supervisor seeking compensatory and punitive damages for an alleged retaliatory discharge for filing a claim for workers' compensation. The trial court granted defendants' motion for judgment on the pleadings, or, in the alternative, for summary judgment, holding that "primary jurisdiction over plaintiff's complaint is vested in the Bureau of Labor by virtue of ORS ch. 659." Plaintiff appeals...

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