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ETTNER v. CITY OF MEDFORD

96-2123-L-3; A108631

35 P.3d 1140 (2001)

178 Or. App. 303

Kristin A. ETTNER, Respondent, v. CITY OF MEDFORD, a Municipal corporation, Appellant.

Court of Appeals of Oregon.

Decided December 5, 2001.

Attorney(s) appearing for the Case

Michael O. Whitty argued the cause for appellant. On the opening brief were Robert E. Franz, Jr., Springfield, and Law Office of Robert E. Franz, Jr. On the reply brief were Michael O. Whitty and Law Office of Robert E. Franz, Jr.

Lee S. Werdell, Medford, argued the cause for respondent. With him on the brief was Werdell & Hanson.

Before LANDAU, Presiding Judge, and BREWER and SCHUMAN, Judges.

SCHUMAN, J.

Plaintiff brought this unlawful employment practice claim against the City of Medford, alleging that the city unlawfully discharged her as a firefighter on the bases of gender and of perceived impairment. In a single proceeding, a jury found for the city on the perceived impairment claim, and the court found for plaintiff on the sex discrimination claim. The city appeals, and we affirm.

When the City of Medford hired Dave Bierwiler to be its fire...

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