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ROBINSON v. OMARK INDUSTRIES, INC.

No. A7710-14624; CA 14037; SC 27187.

627 P.2d 1263 (1981)

291 Or. 5

Michael W. ROBINSON, Petitioner, v. OMARK INDUSTRIES, INC., an Oregon Corporation, Respondent, and Container-Craft, Inc., a California Corporation, Defendant.

Supreme Court of Oregon.

Decided May 5, 1981.

Attorney(s) appearing for the Case

Robert K. Udziela, Portland, argued the cause for petitioner. With him on the briefs was Pozzi, Wilson, Atchison, Kahn & O'Leary, Portland.

Elizabeth K. Reeve, Portland, argued the cause for respondent. With her on the brief were Ridgway K. Foley, Jr., Souther Spaulding, Kinsey, Williamson & Schwabe, Donald Joe Willis, Michael D. Hoffman and Steven H. Pratt, Portland.

Before DENECKE, C.J., and LENT, LINDE and PETERSON, JJ.

PER CURIAM.

We allowed review in this case to consider the issue whether the defendant had immunity as a "complying employer" under ORS 656.017, as discussed in the last paragraph of the opinion of the Court of Appeals. 46 Or.App. 263 at 268-269, 611 P.2d 665. This issue was first raised by the plaintiff in his Reply Brief on appeal. Moreover, the issue was neither raised, presented, discussed...

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