Opinion
CC 94-C-11097; CA A84950; SC S43465
Submitted on petition for review filed July 24, 1996
Petition for review allowed; Decision of the Court of Appeals vacated Case remanded to the Court of Appeals October 8, 1996
In Banc
On review from the Court of Appeals.
Appeal from Marion County Circuit Court, Richard D. Barber, Judge. 138 Or. App. 576, 911 P.2d 331 (1996).
Philip Schradle, Assistant Attorney General, Salem, filed the petition for petitioner on review. With him on the petition were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.
No appearance contra.
MEMORANDUM OPINION
The petition for review is allowed. The decision of the Court of Appeals is vacated. The case is remanded to the Court of Appeals for further consideration in the light of Billings v. Gates, 323 Or. 167, 916 P.2d 291 (1996).
Fadeley, J., would not allow petition for review.