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PEBB v. OHSU

00C-12945; A122631.

132 P.3d 1061 (2006)

205 Or. App. 64

STATE of Oregon, by and through the PUBLIC EMPLOYEES' BENEFIT BOARD, Plaintiff, v. OREGON HEALTH AND SCIENCES UNIVERSITY, an Oregon public corporation, fka Oregon Health Sciences University, an Oregon public corporation, and Paul J. Sundermier, individually and as a representative of the Defendant Class, Defendants. Oregon Health and Sciences University, an Oregon public corporation, fka Oregon Health Sciences University, an Oregon public corporation, and Paul J. Sundermier, individually and as a representative of the Defendant Class, Appellants, v. State of Oregon, by and through the Public Employees' Benefit Board, Respondent.

Court of Appeals of Oregon.

Decided April 5, 2006.

Attorney(s) appearing for the Case

Steven M. Wilker, Portland, argued the cause for appellant Oregon Health and Sciences University. With him on the briefs was Tonkon Torp LLP.

Maureen Leonard argued the cause for appellant Paul J. Sundermier. With her on the briefs was Steven V. Rizzo.

Richard D. Wasserman, Attorney-in-Charge, Civil/Administrative Appeals Unit, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Jas. Jeffrey Adams, Assistant Attorney General.

Before EDMONDS, Presiding Judge, and BREWER, Chief Judge, and WOLLHEIM, Judge.

WOLLHEIM, J.

Respondent State of Oregon, by and through the Public Employee Benefits Board (PEBB), received approximately $19.5 million as a result of the demutualization1 of Standard Insurance Company (Standard) and the policies of group life and disability insurance that PEBB had maintained with Standard for the benefit of state employees and employees of appellant Oregon Health and Science University (OHSU). OHSU made a claim to a share...

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