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STATE, PERB v. CITY OF PORTLAND

A8303-01854; CA A48822.

773 P.2d 7 (1989)

96 Or.App. 393

STATE OF OREGON, Acting through the Public Employes' Retirement Board, Appellant, v. CITY OF PORTLAND, Respondent, Portland Energy Conservation, Inc., Acting through Its Board of Directors, Respondent below.

Court of Appeals of Oregon.

Decided May 10, 1989.

Attorney(s) appearing for the Case

Rives Kistler, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Thomas R. Williams, Sr. Deputy City Atty., Portland, argued the cause and filed the brief for respondent.

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

RICHARDSON, Presiding Judge.

The Public Employes' Retirement Board (PERB) appeals from the judgment in this mandamus, that it brought to compel payment of employer and employe contributions due to the Public Employes' Retirement System (PERS) for employes of Portland Energy Conservation, Inc. (PECI) for the period from 1979 to 1984. See ORS 237.311.

In State ex rel. PERB v. City of Portland, 69 Or.App. 117, 684 P.2d 609

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