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HAMMER v. OREGON STATE PENITENTIARY, ETC.

CA 4900; SC 25640.

583 P.2d 1136 (1978)

Jerry HAMMER, Respondent-Cross-Petitioner, v. OREGON STATE PENITENTIARY, Corrections Division, Oregon State Department of Human Resources, Public Employe Relations Board, Petitioners.

Supreme Court of Oregon.

Decided September 12, 1978.

Attorney(s) appearing for the Case

John W. Burgess, Asst. Atty. Gen., Salem, argued the cause for petitioners. With him on the brief were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.

Henry H. Drummonds, of Kulongoski, Heid, Durham & Drummonds, Eugene, argued the cause and filed a brief for respondent-cross-petitioner.

Before DENECKE, C.J., and TONGUE, HOWELL, BRYSON, LENT and LINDE, JJ.

HOWELL, Justice.

This is an action challenging the constitutionality of procedures employed by the Oregon State Penitentiary in terminating plaintiff Hammer's employment as a corrections officer. In Hammer v. Oregon State Penitentiary, 276 Or. 651, 556 P.2d 1348 (1976) (hereinafter referred to as Hammer I), this court held that Hammer's dismissal was in violation of the due process clause...

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