Opinion
7013; CA A31451
On respondent's motion for reconsideration filed February 27, 1986 of former opinion filed February 12, 1986 ( 77 Or. App. 645, 713 P.2d 1085), reconsideration allowed, former opinion adhered to as clarified May 7, 1986
On appeal from Circuit Court, Morrow County, Richard J. Courson, Judge Pro Tempore.
Mildred J. Carmack, John R. Faust, Jr., and Schwabe, Williamson, Wyatt, Moore Roberts, Portland, for the motion.
Joan L. Volpert, and Martin, Bischoff, Templeton, Biggs Ericsson, Portland, appeared contra.
Before Buttler, Presiding Judge, and Warden and Van Hoomissen, Judges.
PER CURIAM
Reconsideration allowed; former opinion adhered to as clarified.
Respondent petitions for reconsideration of our opinion in Gifford v. Western Aviation Ins. Group, 77 Or. App. 645, 713 P.2d 1085 (1986). We allow the petition. We address only respondent's request for clarification of which issues remain for trial. The cross-claim alleges sufficient facts to state a claim for both negligence and breach of contract.
Petition allowed; former opinion adhered to as clarified.