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STANDARD INS. CO. v. SAKLAD

9108-05506; CA A73687.

849 P.2d 1150 (1993)

119 Or. App. 91

STANDARD INSURANCE COMPANY, Respondent, v. Jerome W. SAKLAD, Appellant.

Court of Appeals of Oregon.

Decided March 31, 1993.

Reconsideration Denied May 26, 1993.

Attorney(s) appearing for the Case

Christopher F. McCracken, Portland, argued the cause for appellant. With him on the briefs were Stuart C. Harris and Davis Wright Tremaine, Portland.

James Ray Streinz, Portland, argued the cause for respondent. With him on the brief were Russell B. Weed and McEwen, Gisvold, Rankin & Stewart, Portland.

Before DEITS, P.J., and RIGGS and DURHAM, JJ.

RIGGS, Judge.

Defendant, judgment debtor, appeals from three orders denying three claims that his disability benefits are exempt from garnishment under ORS 23.160(1)(j)(C). At issue is whether the Employee Retirement Income Security Act (ERISA) preempts a state law which exempts proceeds of disability benefits from garnishment. 29 U.S.C. § 1144(a). He also argues that his disability benefits are exempt under ORS 743.050, which exempts from garnishment proceeds...

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