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LOMBARDO v. WARNER

(CV 98-03001-MRH; US Ninth Circuit No. 02-35269; SC S51989).

132 P.3d 22 (2006)

340 Or. 264

James LOMBARDO, Plaintiff, v. Bruce A. WARNER, in his official capacity as Director of the Department of Transportation, Defendant.

Supreme Court of Oregon.

Certification Accepted January 25, 2005.

Argued and Submitted June 22, 2005.

Decided March 23, 2006.

Attorney(s) appearing for the Case

Honorable Mary M. Schroeder, Chief Judge, and Honorable Warren J. Ferguson, Honorable Andrew J. Kleinfeld, Honorable A. Wallace Tashima, Honorable Sidney R. Thomas, Honorable M. Margaret McKeown, Honorable Kim McClane Wardlaw, Honorable Raymond C. Fisher, Honorable Marsha S. Berzon, Honorable Richard R. Clifton, and Honorable Jay S. Bybee, United States Ninth Circuit Court Judges.

Alan R. Herson, Jacksonville, filed the brief and argued the cause for plaintiff.

Janet A. Metcalf, Assistant Attorney General, Salem, filed the brief and argued the cause for defendant. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, De MUNIZ, BALMER, and KISTLER, Justices.

On Certified Questions from the United States Court of Appeals for the Ninth Circuit Order December 3, 2004.

BALMER, J.

This case is before the court on certified questions of Oregon law from the United States Court of Appeals for the Ninth Circuit under ORS 28.200 to 28.255 and ORAP 12.20. See generally Western Helicopter Services v. Rogerson Aircraft, 311 Or. 361,

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