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BROOKS v. CITY OF BEAVERTON

No. 40-162; CA A24315.

679 P.2d 343 (1984)

67 Or.App. 588

Billy J. BROOKS, Appellant, v. CITY OF BEAVERTON, a Municipal Corporation, and Jack Nelson, Mayor, City of Beaverton, Respondents.

Court of Appeals of Oregon.

Decided April 11, 1984.

Attorney(s) appearing for the Case

Henry Kane, Beaverton, argued the cause and filed the brief for appellant.

Eleanore S. Baxendale, Beaverton, argued the cause and filed the brief for respondents.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

Plaintiff, a former City of Beaverton police officer who retired because of an on-the-job physical disability, brought this action against the city seeking interpretation and specific performance of a disability provision contained in a collective bargaining agreement between the Beaverton Police Association and the city. The trial court granted the city's motion for summary judgment on its affirmative defense that plaintiff had not complied...

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