STATE v. MONGEON, 62 Or. App. 196 (1983)

659 P.2d 1020

STATE OF OREGON, Appellant, v. JOHN WILLIAM MONGEON, Respondent.

DA 217702; CA A24108Oregon Court of Appeals.Argued and submitted July 9, 1982
Reversed and remanded March 9, 1983 Reconsideration denied April 29, petition for review denied July 19, 1983 (295 Or. 446)

Appeal from District Court, Multnomah County, Linda L. Bergman, Judge.

Stephen F. Peifer, Assistant Attorney General, Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Attorney General, and William F. Gary, Solicitor General, Salem.

Richard L. Lonergan, Portland, argued the cause for respondent. With him on the brief were Howard R. Lonergan and Clint A. Lonergan, Portland.

Before Buttler, Presiding Judge, and Warren and Rossman, Judges.

PER CURIAM.

Reversed and remanded for further proceedings.

Page 197

PER CURIAM.

The factual dispute left unresolved by the trial court here is the same one presented in the companion case, City of Portland v. Tuttle, 62 Or. App. 62, 659 P.2d 1010 (1983), and for the reasons expressed in that case, we remand for resolution of the dispute.

Reversed and remanded for further proceedings.

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