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CULLIVAN v. LESTON

No. A7709-13119; CA 13313.

602 P.2d 1121 (1979)

43 Or.App. 361

Michael CULLIVAN, Appellant, v. James LESTON, Respondent, Bruce Tower, Billy Forbes, Mark Ziglinski and Christopher Berard, Defendants.

Court of Appeals of Oregon.

Decided November 26, 1979.

Attorney(s) appearing for the Case

Charles C. Erwin, Portland, argued the cause and filed the brief for appellant.

John S. Folawn, Portland, argued the cause for respondent. With him on the brief was Jensen, DeFrancq, Holmes & Schulte, Portland.

Before BUTTLER, P.J., and GILLETTE and ROBERTS, JJ.

BUTTLER, Presiding Judge.

Plaintiff is a police officer employed by the City of Portland Bureau of Police. He commenced this action for personal injuries against the defendant Leston as the proprietor of the No Dogs Allowed Tavern, and appeals from a summary judgment entered in favor of the defendant.

On the night of his injuries, plaintiff was on duty in uniform. He went to the tavern to investigate a fight reported to be in progress. Plaintiff had been to...

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