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WHEATON v. WEBB-PETETT

Nos. 89-35470, 89-35524.

931 F.2d 613 (1991)

Larry WHEATON, Plaintiff-Appellant, v. Freddye WEBB-PETETT, Administrator, Adult and Family Services Division of the State of Oregon, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 1, 1991.

Attorney(s) appearing for the Case

Richard C. Busse, Donald B. Potter, Portland, Or., for plaintiff-appellant.

Katherine H. Waldo, Asst. Atty. Gen., Salem, Or., for defendant-appellee.

Before BROWNING, WRIGHT and FARRIS, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

Larry Wheaton appeals the dismissal on summary judgment of his action challenging his removal from the State of Oregon's management service. We review de novo, viewing the evidence in the light most favorable to Wheaton, to determine whether any factual issue precludes summary judgment and whether the district court correctly applied the substantive law. Tzung v. State Farm Fire and Casualty Co., 873 F.2d 1338...

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