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FOPPO v. COUNTY OF MARION

145,786; CA A40740.

760 P.2d 1353 (1988)

93 Or.App. 93

FEDERATION OF OREGON PAROLE AND PROBATION OFFICERS, a Labor Organization, Respondent-Cross-Appellant-Cross-Respondent, v. COUNTY OF MARION, Gary Heer, Randall Franke, and Garry Kanz, Commissioners of Marion County in Their Official Capacities, Respondents-Cross-Respondents-Cross-Appellants, Public Employes Retirement System, a State Agency; Steven Telfer, J. Edward Schroeder, Wallace E. Johnson, Dean Pape, and Jon Yunker, Members of the Public Employes' Retirement Board, in Their Official Capacities, Appellants-Cross - Respondents - Cross - Respondents.

Court of Appeals of Oregon.

Decided September 14, 1988.

Attorney(s) appearing for the Case

Linda DeVries Grimms, Asst. Atty. Gen., Salem, argued the cause for appellants-cross - respondents - cross - respondents. With her on the briefs were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Barbara J. Diamond, Portland, argued the cause for respondent-cross-appellant-cross-respondent. With her on the briefs were Monica A. Smith and Kulongoski, Durham, Drummonds & Colombo, Portland.

Robert C. Cannon, Marion County Legal Counsel, Salem, argued the cause and filed the briefs for respondents-cross-respondents-cross-appellants.

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

BUTTLER, Presiding Judge.

The Federation of Oregon Parole and Probation Officers (FOPPO), brought this declaratory judgment action against the Public Employes' Retirement System and its Board (PERS) and Marion County (County), on behalf of its members, who are adult parole and probation officers employed by County. It contends, first, that those of its members who formerly were state parole and probation officers and who...

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