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BRUNGARDT v. BARTON

No. A8106-03681; CA A29129.

685 P.2d 1021 (1984)

69 Or.App. 440

Michael Ray BRUNGARDT, Appellant, v. Richard S. BARTON, Respondent.

Court of Appeals of Oregon.

Decided August 8, 1984.

Attorney(s) appearing for the Case

Robert L. McKee, Portland, argued the cause and filed the brief for appellant.

Harry Auerbach, Associate Deputy City Atty., Portland, argued the cause for respondent. On the brief was Rhona Wolfe Friedman, Deputy City Atty., Portland.

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

WARREN, Judge.

In this assault and battery action the trial court concluded that the action was subject to the Oregon Tort Claims Act because, at the time of the incident giving rise to the claim, defendant was acting within the course and scope of his employment as a police officer of the City of Portland. Because plaintiff failed to give notice required in order to "claim damages from * * * an officer of a public body...

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