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BOVA v. CITY OF MEDFORD

081663E7; A150810.

333 P.3d 1144 (2014)

264 Or. App. 763

Joseph BOVA, Plaintiff-Respondent, v. CITY OF MEDFORD, an incorporated Subdivision of the State of Oregon; and Michael Dyal, City Manager of the City of Medford, as an Individual, and in his official capacity, Defendants-Appellants.

Court of Appeals of Oregon.

Decided August 13, 2014.

Appellants' Petition for Reconsideration June 4, 2014.

Respondent's Response to Appellants' Petition for Reconsideration June 11, 2014.

Attorney(s) appearing for the Case

Robert E. Franz, Jr. , for appellants' petition.

Stephen L. Brischetto for respondent's petition and response.

Before DUNCAN, Presiding Judge, and WOLLHEIM, Judge, and SCHUMAN, Senior Judge.

SCHUMAN, S.J.

Plaintiff is a retired employee of defendant, the City of Medford. Both parties petition this court for reconsideration of its opinion in Bova v. City of Medford, 263 Or.App. 179, 326 P.3d 1256 (2014) (Bova II). In that opinion, we summarized the procedural posture and the parties' positions as follows:

"The underlying dispute is over the city's refusal to...

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