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SULLIGER v. LANE COUNTY

16-00-08839; A116433.

79 P.3d 888 (2003)

190 Or. App. 359

Gregory R. SULLIGER, Appellant, v. LANE COUNTY, a political subdivision of the State of Oregon, Respondent.

Court of Appeals of Oregon.

Decided November 5, 2003.

Attorney(s) appearing for the Case

David C. Force, Eugene, argued the cause and filed the brief for appellant.

David B. Williams, Assistant County Counsel, argued the cause for respondent. With him on the brief was Lane County Office of Legal Counsel.

Before EDMONDS, Presiding Judge, and DEITS, Chief Judge, and SCHUMAN, Judge.

EDMONDS, P.J.

Plaintiff is a former employee of defendant. He alleges that defendant was unjustly enriched when it failed to report to the Public Employees Retirement System (PERS) that plaintiff was a police officer, thus reducing the retirement contributions that defendant had to make on his behalf. He seeks to recover the amount of the alleged unjust enrichment. The trial court granted defendant's ORCP 21 motion to dismiss on the grounds that it did not have jurisdiction...

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