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STATE EX REL. PERB v. CITY OF PORTLAND

No. A 83-03-01854; CA A28836.

684 P.2d 609 (1984)

68 Or.App. 117

STATE ex rel. Public Employes' Retirement Board, Appellant, v. CITY OF PORTLAND and the Portland Energy Conservation, Inc., Acting through Its Board of Directors, Respondents.

Court of Appeals of Oregon.

Decided July 11, 1984.

Reconsideration Denied August 31, 1984.

Attorney(s) appearing for the Case

John A. Reuling, Jr., Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Thomas R. Williams, Senior Deputy City Atty., Portland, argued the cause and filed the brief for respondent City of Portland.

Richard M. Glick, Portland, argued the cause for respondent Portland Energy Conservation, Inc. With him on the brief was Rankin, McMurry, VavRosky & Doherty, Portland.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.

GILLETTE, Presiding Judge.

Plaintiff appeals from an order dismissing its petition for a writ of mandamus to compel defendants to report and remit to the Public Employes Retirement Fund the funds necessary to establish and maintain coverage for Portland Energy Conservation, Inc. (PECI) employes under the Public Employes Retirement System (PERS) and the Federal Social Security Act. We reverse and remand for issuance of a peremptory writ of mandamus.

PECI is...

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