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KNAPP v. CITY OF NORTH BEND

85-919; CA A38486.

732 P.2d 31 (1987)

83 Or.App. 350

David L. KNAPP, Respondent, v. CITY OF NORTH BEND, Appellant.

Court of Appeals of Oregon.

Decided January 28, 1987.

Reconsideration Denied April 10, 1987.

Attorney(s) appearing for the Case

Daniel M. Spencer, Coos Bay, argued the cause for appellant. With him on the briefs was Foss, Whitty & Roess, Coos Bay.

Michael R. Stebbins, North Bend, argued the cause for respondent. With him on the brief was Hayner, Stebbins & Coffey, North Bend.

Larry K. Amburgey and Craig A. Crispin, Portland, filed a brief amici curiae for Food Employers, Inc.; Gourmet Brands, Inc.; Lynden Farms/Belozer's Hatchery; McCracken Motor Freight, Inc.; Mid-Columbia Medical Center; Nike, Inc.; Northwest Packers Industrial Associations, Inc.; Oregon Self-Insurers Association; Oregon Trucking Association, Inc.; PayLess Drug Stores Northwest, Inc.; Portland Chamber of Commerce; The Port of Portland; Rogue Valley Medical Center; Silver Eagle Industries; Stayton Canning Company; Timber Operators Council; Truitt Brothers, Inc.; and Trus Joist Corporation.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

RICHARDSON, Presiding Judge.

Plaintiff was employed as a police sergeant by defendant city and suffered an on-the-job injury in January, 1983, for which he received workers' compensation benefits. His physician released him for regular work in November, 1984. Between those dates, defendant promoted another officer to fill his former position. When plaintiff requested reinstatement to the position, defendant refused on the ground that the position was not available...

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