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DINICOLA v. STATE

A150967.

382 P.3d 547 (2016)

280 Or.App. 488

Joseph M. DINICOLA, Plaintiff-Appellant, v. STATE of Oregon, and Oregon University System, Defendants-Respondents. State of Oregon, and Oregon University System, Third-Party Plaintiffs, v. SERVICE EMPLOYEES INTERNATIONAL UNION, Local 503; and Oregon Public Employees Union, Third-Party Defendants-Respondents.

Court of Appeals of Oregon.

August 31, 2016.

Attorney(s) appearing for the Case

Kevin T. Lafky Salem, argued the cause for appellant. With him on the briefs was Lafky & Lafky.

James S. Coon , Portland, argued the cause for respondents Service Employees International Union Local 503, and Oregon Public Employees Union. With him on the brief was Swanson Thomas, Coon & Newton.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Patrick M. Ebbett , Assistant Attorney General, filed the brief for respondent State of Oregon.

No appearance for respondent Oregon University System.

Before Sercombe, Presiding Judge, and Tookey, Judge, and DeHoog, Judge.

Plaintiff appeals the judgment dismissing his complaint alleging that defendants State of Oregon and Oregon University System (OUS) violated federal and state statutes by retaliating against plaintiff because he had previously filed overtime wage claims against the state. DiNicola v. State of Oregon,

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