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MACY v. ZUSMAN METALS CO., INC.

CC 9006-03545; CA A67446; SC S38695.

838 P.2d 591 (1992)

314 Or. 320

David MACY, Petitioner on Review, v. ZUSMAN METALS COMPANY, INC., Respondent on Review.

Supreme Court of Oregon, In Banc.

Decided October 1, 1992.

Attorney(s) appearing for the Case

Paul L. Breed, Portland, filed the petition and argued the cause for petitioner on review.

Robert T. Scherzer, of Grenley, Rotenberg, Laskowski, Evans & Bragg, P.C., Portland, filed the response and argued the cause for respondent on review.

Charles S. Crookham, Atty. Gen., Virginia L. Linder, Sol. Gen., and John T. Bagg, Asst. Atty. Gen., Salem, filed an amicus curiae brief in behalf of the Com'r of the Bureau of Labor and Industries.

B. Carlton Grew, of Rosenthal & Greene, P.C., Portland, filed an amicus curiae brief in behalf of the American Civil Liberties Union of Oregon.

CARSON, Chief Justice.

This case, involving a claim of unlawful employment practices, requires examination of the time within which a plaintiff must commence a court action after filing a complaint with the Commissioner of the Bureau of Labor and Industries (Bureau).1 At issue is whether plaintiff's action was timely when it was filed more than one year after he submitted a complaint to the Bureau, but within 90 days of the date on which...

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