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WESTFALL v. STATE

07C23164; A140772.

337 P.3d 853 (2014)

266 Or. App. 14

Chester C. WESTFALL, Plaintiff-Appellant, v. STATE of Oregon, by and through the actions of its agency the OREGON DEPARTMENT OF CORRECTIONS, Defendant-Respondent.

Court of Appeals of Oregon.

Decided October 8, 2014.

Attorney(s) appearing for the Case

Bradley J. Volk , Richard L. Cowan , and Rockwell & Cowan filed the brief for appellant.

John R. Kroger , Attorney General, Jerome Lidz , Solicitor General, and Ryan Kahn , Assistant Attorney General, filed the brief for respondent.

Before ARMSTRONG, Presiding Judge, and HASELTON, Chief Judge, and DUNCAN, Judge.

ARMSTRONG, P.J.

This case is before us on remand after the Oregon Supreme Court reversed our decision in Westfall v. Dept. of Corrections, 247 Or.App. 384, 271 P.3d 116 (2011), rev'd and rem'd, 355 Or. 144, 324 P.3d 440 (2014). In our original opinion, we concluded that the trial court had erred in granting summary...

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