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THORNE v. GAY

86-264-L; CA A43317.

758 P.2d 380 (1988)

92 Or.App. 251

Raymond P. THORNE, Administrator for Employment, Department of Human Resources, State of Oregon, Appellant, v. Harry W. GAY, Respondent.

Court of Appeals of Oregon.

Decided July 27, 1988.

Attorney(s) appearing for the Case

Philip Schradle, Asst. Atty. Gen., Salem, argued the cause and filed the brief for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Thad M. Guyer, Medford, argued the cause and filed the brief for respondent.

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

DEITS, Judge.

On cross-motions for summary judgment, the trial court held that plaintiff1 is collaterally estopped from asserting a civil claim against defendant for the recovery of unlawfully obtained unemployment insurance benefits and entered judgment for defendant. Plaintiff assigns as error the granting of defendant's motion for summary judgment and the denial of its motion. We reverse and...

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