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BAHR v. MARION COUNTY

No. 102,875; CA 15755.

614 P.2d 1224 (1980)

47 Or.App. 627

Les BAHR, Appellant, v. MARION COUNTY, Harry Carson, Jr., Pat McCarthy, and Walter R. Heine, Respondents.

Court of Appeals of Oregon.

Decided August 4, 1980.

Review Denied October 14, 1980.

Attorney(s) appearing for the Case

Dennis Sarriugarte, Salem, argued the cause and filed the brief for appellant.

Larry Jon Pound, Salem, argued the cause for respondents. On the brief was Frank C. McKinney, Marion County Legal Counsel, Salem.

Before JOSEPH, P.J., and WARDEN AND WARREN, JJ.

JOSEPH, Presiding Judge.

This case is here for the second time. See Bahr v. Marion County, 38 Or.App. 597, 590 P.2d 1240 (1979). On remand the trial court allowed a demurrer based on the statute of limitations, and plaintiff appealed. In the course of this second appeal, we have been made aware of a crucial procedural matter which was not called to our attention on the first appeal and...

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