NAVAS v. CITY OF SPRINGFIELD

16-91-08051; CA A76355.

857 P.2d 867 (1993)

122 Or. App. 196

Joseph NAVAS, Respondent, v. CITY OF SPRINGFIELD, a municipal corporation of the State of Oregon, Appellant.

Court of Appeals of Oregon.

Decided August 4, 1993.


Attorney(s) appearing for the Case

Robert E. Franz, Jr., Eugene, argued the cause and filed the brief for appellant.

Kim E. Hoyt, Salem, argued the cause for respondent. With her on the brief were William D. Brandt and Ferder, Ogdahl, Brandt & Casebeer, Salem.

Before WARREN, P.J., and EDMONDS and LANDAU, JJ.


EDMONDS, Judge.

Defendant appeals a judgment that awarded plaintiff retirement benefits. Defendant argues that the trial court erred in denying its motion to dismiss under ORCP 21 A(8).1 We reverse.

Plaintiff alleges that in October, 1986, he began working for defendant as a firefighter/paramedic. His employment entitled him to participate in an employee retirement plan. Under the plan, defendant contributed 7% of the employee...

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