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DEVAUX v. STATE OF OREGON

No. 135,704; CA A27839.

681 P.2d 156 (1984)

68 Or.App. 322

Gilbert A. DEVAUX, Appellant, v. STATE OF OREGON; Oregon State Correctional Institution, George E. Sullivan, Superintendent; and John Walker, Food Services Manager, Oregon Correctional Institution, Respondents.

Court of Appeals of Oregon.

Decided May 9, 1984.

Attorney(s) appearing for the Case

Ronald J. Knox, Salem, argued the cause for appellant. With him on brief was Paulus & Callaghan, Salem.

William F. Nessly, Jr., Asst. Atty. Gen., Salem, argued the cause for respondents. With him on brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

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

YOUNG, Judge.

Plaintiff appeals the dismissal of his amended complaint for unlawful discrimination in employment under ORS 659.425(1), which proscribes discrimination against the handicapped.1 The issue is whether he has alleged ultimate facts sufficient to constitute a claim. ORCP 21 A. There are two counts.

Count I alleges in pertinent part:

"III "Plaintiff is an overweight...

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