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HAPHEY v. LINN COUNTY

No. 90-35226.

924 F.2d 1512 (1991)

Robert HAPHEY and Carl J. Bondietti, Plaintiffs-Appellants, v. LINN COUNTY; Linn County Sheriff's Office; Art Martinak, Sheriff, acting in his official and individual capacity, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 5, 1991.

Attorney(s) appearing for the Case

Robert D. Durham, Barbara J. Diamond, Bennett & Durham, Portland, Or., for plaintiffs-appellants.

Lisa E. Lear, I. Franklin Hunsaker, Bullivant, Houser, Bailey, Pendergrass & Hoffman, Portland, Or., for defendants-appellees.

Before WRIGHT, CHOY and THOMPSON, Circuit Judges.

CHOY, Circuit Judge:

I. Factual and Procedural Background

Robert Haphey (Haphey) and Carl Bondietti (Bondietti) were employed by the Linn County Sheriff's Office (Linn County) as deputy sheriffs. Both were laid off in May 1986. Haphey and Bondietti applied for recall by submitting letters to the Sheriff of Linn County (Sheriff) in October 1986. Haphey and Bondietti submitted applications for new hire in January 1988.

From May 1986 through...

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