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ALLEN v. COUNTY OF JACKSON COUNTY

(97-0009-LI(8); CA A115689; SC S51180).

129 P.3d 694 (2006)

340 Or. 146

Richard ALLEN, James Anderson, John J. Atkins, David A. Baleria, Jeanne Burrows, Kenneth R. Curtis, Steven E. Daniels, Sandra Depiero, Sandra L. Eccker, Miltona L. Hendrix, Michel Holloran-Marshall, Brad L. Hope, Richard C. Kennedy, Robert O. Kennedy, Susan M. Luttes, Ed Mayer, Ronald D. Parker, Dewey P. Patten, Danny Lee Penland, David Roughton, Jeannette M. Sieg, Tenley Tanhoff, Edward C. Emple, Shirley A. Tolbert, James L. Vansant, James N. Warren, Petitioners on Review, v. COUNTY OF JACKSON COUNTY, Respondent on Review. County of Jackson County, Third-Party Plaintiff, v. State of Oregon, Third-Party Defendant.

Supreme Court of Oregon.

Decided February 24, 2006.

Attorney(s) appearing for the Case

Michael J. Morris, of Bennett, Hartman, Morris & Kaplan, LLP, Portland, argued the cause and filed the brief for petitioners on review. With him on the brief was Gregory A. Hartman, Portland.

Timothy J. Sercombe, of Preston Gates & Ellis LLP, Portland, argued the cause and filed the brief for respondent on review.

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

RIGGS, J.

This case involves the proper measure of damages for certain statutory wage claims. The underlying litigation resulted from a change in state law regarding who must pay employee pension contributions amounting to 6 percent of salary; — a change later held unconstitutional. Before that change was declared unconstitutional, defendant Jackson County responded to it with a payroll scheme that deducted 6 percent...

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