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McPHAIL v. MILWAUKIE LUMBER CO.

(9606-04339; CA A98729)

999 P.2d 1144 (2000)

165 Or. App. 596

Don McPHAIL, Appellant, v. MILWAUKIE LUMBER CO., an Oregon corporation; Steve Morse and Patrick Fitzgerald, Respondents.

Court of Appeals of Oregon.

Decided February 23, 2000.

Attorney(s) appearing for the Case

Charles J. Merten, Beaverton, argued the cause and filed the briefs for appellant.

James Westwood, Portland, argued the cause for respondents. With him on the brief were Thomas C. Sand, Sharon L. Toncray and Miller, Nash, Wiener, Hager & Carlsen.

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

ARMSTRONG, J.

Plaintiff appeals from a summary judgment that dismissed all of his claims against Milwaukie Lumber Co., his former employer, Steve Morse, the primary owner of Milwaukie Lumber, and Patrick Fitzgerald, a Milwaukie Lumber sales manager. All of the claims arise from Milwaukie Lumber's termination of plaintiff's employment. We reverse as to Milwaukie Lumber on all but two of the claims and affirm as to the individual defendants.1

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