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MILLER v. CITY OF PORTLAND

081014715; A145318.

298 P.3d 640 (2013)

255 Or. App. 771

John MILLER, Randy Olson, Herbert Goss, Douglas Babcock, Henry Jackson, and Michael Palin, Plaintiffs-Appellants, v. CITY OF PORTLAND, an Oregon municipal corporation, Defendant-Respondent.

Court of Appeals of Oregon.

Decided March 27, 2013.

Attorney(s) appearing for the Case

Montgomery W. Cobb argued the cause for appellants. With him on the briefs was Montgomery W. Cobb, LLC.

Franco A. Lucchin argued the cause for respondent. With him on the brief was Harry Auerbach.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and HADLOCK, Judge.

SERCOMBE, J.

This case arises out of the City of Portland's adoption and implementation of a return-to-work program for disabled firefighters. Plaintiffs, disabled firefighters who were required to return to work under the program, filed an action for breach of contract against the city in circuit court. In addition, plaintiffs alleged that the city, in its implementation of the return-to-work program, had breached its duty of good faith and fair dealing in the administration...

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