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HELLER v. EBB AUTO CO.

87-3575; DC CV 86-1163-FR; SC S35563.

774 P.2d 1089 (1989)

308 Or. 1

Jerrold S. HELLER, Appellant, v. EBB AUTO CO., Dba Ron Tonkin Mitsubishi; State of Oregon, Department of Human Resources, Respondents.

Supreme Court of Oregon.

Decided May 16, 1989.

Attorney(s) appearing for the Case

William F. Hoelscher of Hoelscher & Associates, Portland, argued the cause and filed a brief for appellant.

Barbee B. Lyon of Tonkon, Torp, Galen, Marmaduke & Booth, Portland, argued the cause and filed a brief for Respondent Ebb Auto Co., dba Ron Tonkin Mitsubishi.

Janet Metcalf, Asst. Atty. Gen., Salem, argued the cause and filed a memorandum for State of Oregon, Department of Human Resources. With her on the memorandum were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before PETERSON, C.J., and LINDE, CARSON, JONES, VAN HOOMISSEN and FADELEY, JJ.

LINDE, Judge.

The United States Court of Appeals for the Ninth Circuit has certified to this court three questions concerning the preclusive effect that denial of plaintiff's Oregon unemployment compensation claim, affirmed without opinion by the Oregon Court of Appeals, 80 Or.App. 153, 721 P.2d 482 (1986), may have on a federal suit that plaintiff brought against his former employer under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to...

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