790 P.2d 1140

DUNCAN C. FELLER, Respondent on Review, v. WRIGHT, Petitioner on Review.

TC CV88-718; CA A60277; SC S36788Oregon Supreme Court.Petition for review filed January 2, 1990
Reversed and remanded May 10, 1990

In Banc

On petition for review filed January 2, 1990.[*]

[*] Appeal from judgment of Umatilla County Circuit Court, J.F. Olson, Judge. 99 Or. App. 379, 781 P.2d 1273 (1989).

Dave Frohnmayer, Attorney General, Virginia L. Linder, Solicitor General and Janet A. Metcalf, Assistant Attorney General, Salem, for petitioner on review.

Kurt C. Bendixsen and Garry L. Reynolds, P.C., Hermiston, for respondent on review.

No appearance contra.

MEMORANDUM OPINION

The petition for review is allowed. The decision of the Court of Appeals is reversed. The case is remanded to the Court of Appeals for further proceedings in the light of Lane v. Maass, 309 Or. 671, 790 P.2d 1137 (1990).

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