RUNNELS v. ZENON, 105 Or. App. 408 (1991)

803 P.2d 785

DAVID J. RUNNELS, Appellant, v. Carl ZENON, Respondent.

90-C-10083; CA A63682Oregon Court of Appeals.On appellant’s petition for reconsideration filed December 19, 1990.
Reconsideration allowed; former decision (104 Or. App. 447, 800 P.2d 1093) Withdrawn; reversed and remanded January 23, 1991

Appeal from Circuit Court, Marion County, Richard D. Barber, Judge.

Noel Grefenson, Salem, for the petition.

Before Buttler, Presiding Judge, and Rossman and De Muniz, Judges.

PER CURIAM

Reconsideration allowed; former decision withdrawn; reversed and remanded.

Page 409

PER CURIAM

Petitioner has filed a petition for review. We treat it as a petition for reconsideration, ORAP 9.15(1), and allow it. We withdraw our earlier decision affirming without opinion, 104 Or. App. 447, 800 P.2d 1093 (1990), and reverse and remand. Bird v. Maass (A64583), 104 Or. App. 271, 800 P.2d 792 (1990).

Reconsideration allowed; former decision withdrawn; reversed and remanded.

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