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CITY OF SALEM v. SALISBURY

(96C12377; CA A103039)

5 P.3d 1131 (2000)

168 Or. App. 14

CITY OF SALEM, an Oregon Municipal corporation, Respondent, v. Steven P. SALISBURY, George R. Finch, and Theodore J. Kistner, Appellants, and Salem Police Employees' Union, by and through Terry Locke, Intervenor-Appellant.

Court of Appeals of Oregon.

Decided May 31, 2000.

Attorney(s) appearing for the Case

J. Michael Alexander, Salem, argued the cause and filed the briefs for appellants Steven P. Salisbury and Theodore J. Kistner. With him on the briefs was Burt, Swanson, Lathen, Alexander & McCann, P.C.

Aaron E. Clingerman argued the cause and filed the briefs for appellant George R. Finch. With him on the briefs was Law Offices of Michael B. Dye.

Daryl S. Garrettson, Mcminnville, argued the cause and filed the briefs for intervenor-appellant Salem Police Employees' Union. With him on the briefs was Hoag, Garrettson, Goldberg, Fenrich & Makler.

Joseph D. Robertson, Salem, argued the cause for respondent City of Salem. With him on the brief were Kim E. Hoyt, and Garrett, Hemann, Robertson, Paulus, Jennings & Comstock, P.C.

Before EDMONDS, Presiding Judge, and ARMSTRONG, and KISTLER, Judges.

EDMONDS, P.J.

This case involves a declaratory judgment proceeding under ORS chapter 28 brought by the City of Salem (city) seeking a determination of its statutory and contractual obligation to supply uninsured motorists benefits to its police officers. Defendants and intervenor, Salem Police Employees' Union (union), appeal from the trial court's grant of the city's motion for summary judgment. ORCP 47. Defendants include Officers Steven Salisbury and Theodore Kistner...

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