STATE v. DAM, 312 Or. 33 (1991)

816 P.2d 593

STATE OF OREGON, Petitioner on Review, v. NGHIA GIA DAM, Respondent on Review.

TC C88-12-38064; CA A61638; SC S37723Oregon Supreme Court.Petition for review filed December 18, 1990,
Vacated and remanded to Court of Appeals August 22, 1991

Appeal from judgment of Multnomah County Circuit Court, Frank L. Bearden, Judge. 107 Or. App. 152, 812 P.2d 829 (1991).

In Banc

Timothy A. Sylwester, Assistant Attorney General, Salem, filed the petition for petitioner on review. With him on the petition were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.

No appearance contra.

MEMORANDUM OPINION

The petition for review is allowed. The decision of the Court of Appeals is vacated, and the case is remanded to the Court of Appeals for further consideration in light of this court’s opinion in Smith v. Custom Micro, Inc., 311 Or. 375, 811 P.2d 1371
(1991).

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