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HALLBERG v. CITY OF PORTLAND

060100688; A134727.

215 P.3d 866 (2009)

230 Or. App. 355

David HALLBERG, Plaintiff-Appellant, v. CITY OF PORTLAND, Defendant-Respondent.

Court of Appeals of Oregon.

August 19, 2009.

Attorney(s) appearing for the Case

Kevin Keaney argued the cause and filed the briefs for appellant.

Harry Auerbach, Chief Deputy City Attorney, argued the cause and filed the brief for respondent.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

LANDAU, P.J.

Plaintiff initiated this action against his former employer, defendant City of Portland, for indemnity of expenses that plaintiff incurred in defending an action that had been brought against him in federal court. The city moved for summary judgment on a variety of grounds, including that plaintiff is estopped from seeking indemnity in this case given the position that he successfully asserted in the federal court action and that, in any event, he is...

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