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HOCKEMA v. LINCOLN COUNTY SHERIFF'S DEPUTIES ASSOCIATION

No. 38782; CA 10023.

584 P.2d 361 (1978)

36 Or.App. 319

Everett M. HOCKEMA, Respondent, v. LINCOLN COUNTY SHERIFF's DEPUTIES Association, Appellant, Oregon State Employees' Association, Defendant.

Court of Appeals of Oregon.

Decided September 25, 1978.

Attorney(s) appearing for the Case

William A. Barton, Newport, argued the cause for appellant. With him on the brief was Barton & Armbruster, Newport.

James H. Lewelling, Newport, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., and JOHNSON, GILLETTE and ROBERTS, JJ.

PER CURIAM.

The issue involved in this declaratory judgment proceedings is whether deputy sheriffs are public employee serving a public employer — the sheriff. Assuming, arguendo, that the circuit court had jurisdiction to entertain the proceedings, its decision was contrary to Hockema v. OSEA, 34 Or.App. 527, 579 P.2d 282 (1978), decided subsequent to the decree entered here.

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