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ROSACKER v. MULTNOMAH COUNTY

No. A 7701-00032; CA 12577.

603 P.2d 1216 (1979)

43 Or.App. 583

Donald ROSACKER, Appellant, v. MULTNOMAH COUNTY, Respondent.

Court of Appeals of Oregon.

Decided December 10, 1979.

Attorney(s) appearing for the Case

Magar E. Magar, Portland, argued the cause and filed the briefs for appellant.

John D. Hoffman, Deputy County Counsel, Portland, argued the cause for respondent. With him on the brief was John B. Leahy, County Counsel, Portland.

Before SCHWAB, C.J., and BUTTLER and GILLETTE, JJ.

BUTTLER, Judge.

Plaintiff appeals from a judgment entered against him after the trial court sustained defendant's demurrer to plaintiff's second cause of action,1 the only one involved in this appeal. In that cause of action, plaintiff alleged that on or about December 2, 1976, Sergeant Gatsky was employed by Multnomah County and was acting within the scope of his employment. He then alleged:

"On or about December 2, 1976, a hearing...

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