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KIRKWOOD v. WESTERN HYWAY OIL CO.

0211-11372; A125269.

129 P.3d 726 (2006)

204 Or. App. 287

Michael S. KIRKWOOD, Appellant, v. WESTERN HYWAY OIL CO., an Oregon corporation, Respondent. Western Hyway Oil Co., an Oregon corporation, Counterclaim Plaintiff, v. Michael S. Kirkwood, Counterclaim Defendant.

Court of Appeals of Oregon.

Decided February 15, 2006.

Attorney(s) appearing for the Case

Charles Robinowitz, Portland, argued the cause and filed the briefs for appellant.

Sarah J. Ryan, Portland, argued the cause for respondent. On the brief were Mitchell C. Baker, and Ball Janik LLP.

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

EDMONDS, P.J.

Plaintiff brought an employment discrimination claim against defendant, his employer, alleging that defendant violated ORS 659A.040(1) by terminating his employment in retaliation for filing a workers' compensation claim. The trial court granted defendant's motion for summary judgment, ORCP 47 C, and entered a judgment of dismissal. Plaintiff appeals, arguing that the trial court erred in granting the motion because there are genuine issues of material...

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