HARRINGTON v. CITY OF PORTLAND

Civ. No. 87-516-FR.

698 F.Supp. 209 (1988)

Penny E. HARRINGTON, Plaintiff, v. CITY OF PORTLAND; J.E. (Bud) Clark; Sidney I. Lezak; John C. Beatty, Jr.; H.D. Watson; Raymond M. Tercek; Michael McPhee: and Charles Karl, Defendants.

United States District Court, D. Oregon.

January 8, 1988.


Attorney(s) appearing for the Case

Tom Steenson, Steenson, Fontana, Schumann & Ellis, Linda K. Eyerman, Gaylord, Thomas & Eyerman, Portland, Or., for plaintiff.

Harry Auerbach, Deputy City Atty., Portland, Or., for defendants City of Portland and J.E. (Bud) Clark.

Don H. Marmaduke, Barbee B. Lyon, Tonkon, Torp. Galen, Marmaduke & Booth, Portland, Or., for defendants Sidney I. Lezak, John C. Beatty, Jr., and H.D. Watson.

John C. Ray, Thompson, Adams, DeBast & Ray, Beaverton, Or., for defendant Raymond M. Tercek.

Anna J. Brown, Bullivant, Houser, Bailey, Pendergrass & Hoffman, Portland, Or., for defendant Michael McPhee.

John Folawn, Holmes, DeFrancq & Schulte, P.C., Portland, Or., for defendant Charles Karl.


OPINION

FRYE, District Judge:

The matter before the court is defendants City of Portland and its Mayor, J.E. (Bud) Clark's, motion to dismiss plaintiff, Penny E. Harrington's, fourth claim for relief. In an opinion of October 23, 1987, 677 F.Supp. 1491, the court reviewed this motion to dismiss but deferred ruling and asked the parties to assist the court with further briefing. The parties responded with additional memoranda...

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