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CUNLIFFE v. POMPLIN

16-88-03664; CA A60854.

794 P.2d 816 (1990)

102 Or.App. 403

Steven CUNLIFFE, Plaintiff, v. John POMPLIN and Emerald People's Utility District, Defendants. John Pomplin, Third-Party Plaintiff-Respondent, v. Emerald People's Utility District, Third-Party Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 18, 1990.

Attorney(s) appearing for the Case

Gerald A. Martin, Bend, argued the cause for third-party defendant-appellant. With him on the brief was Francis & Martin, Bend.

Greg Veralrud, Eugene, argued the cause and filed the brief for third-party plaintiff-respondent.

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

RICHARDSON, Presiding Judge.

Plaintiff brought an action against his supervisor, Pomplin, and their public employer, Emerald People's Utility District (Emerald). He alleged that various acts of a violent or aggressive kind were committed by Pomplin "in his capacity as Plaintiff's superior and supervisor." Pomplin tendered the defense of his claim to Emerald, ORS 30.287(1), and Emerald rejected it. The apparent bases for the rejection were that the acts were not committed...

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