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MABEN v. KLAMATH COUNTY

No. 79-112 L; CA 19935, No. 79-114 L; CA 19936.

646 P.2d 35 (1982)

57 Or.App. 730

Dolores A. MABEN, Appellant, v. KLAMATH COUNTY: Nell Kuonen; Floyd Wynne; Alvin Cheyne; Board of County Commissioners of Klamath County, Oregon, and Jennings Tucker, Administrator of Klamath County Nursing Home, Respondents. Nancy A. Miller, Appellant, v. Klamath County; Nell Kuonen; Floyd Wynne, Alvin Cheyne; Board of County Commissioners of Klamath County, Oregon and Jennings Tucker, Administrator of Klamath County Nursing Home, Respondents.

Court of Appeals of Oregon.

June 9, 1982.

Attorney(s) appearing for the Case

Jonathan T. Harnish, Richard J. Alli, Jr., and Bullard, Korshoj, Smith & Jernstedt, P.C., Portland, for petition.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.

PER CURIAM.

In its petition for rehearing petitioners correctly point out that the former opinion, Maben v. Klamath County, 54 Or.App. 799, 636 P.2d 968 (1981), is in error in the following respects:

(1) There is no factual issue presented as to whether the so-called Employee's Handbook was ever adopted by Klamath County.

(2) There is no factual issue presented as to whether plaintiffs had completed their probationary...

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