Opinion
No. 75-273, CA 7429
On remand from Oregon Supreme Court September 29, 1978, argued September 27, 1977, affirmed November 6, reconsideration denied December 5, 1978, petition for review allowed January 16, 1979 See later issue of Oregon Reports
Submitted on remand from the Oregon Supreme Court, September 29, 1978.
Appeal from Circuit Court, Douglas County, Robert M. Stults, Judge Pro Tempore.
Dean Heiling, Roseburg, argued the cause for appellant. With him on the briefs was Heiling McIntosh, Roseburg.
Eldon F. Caley, Roseburg, argued the cause for respondent. With him on the brief was Long, Neuner, Dole, Caley Kolberg, Roseburg.
Before Schwab, Chief Judge, Johnson and Roberts, Judges.
Affirmed.
JOHNSON, J.
Roberts, J., dissenting opinion.
This case was remanded to this court by the Supreme Court for reconsideration. In light of the decision in McBride v. Magnuson, 282 Or. 433, 578 P.2d 1259 (1978), we conclude that the majority and concurring opinions reported in Dizick v. Umpqua Community College, 33 Or. App. 559, 577 P.2d 534 (1978), are not inconsistent with McBride. We adhere to our original decision.
Affirmed.
I dissent for the reasons stated in my dissenting opinion in Dizick v. Umpqua Community College, 33 Or. App. 559, 570, 577 P.2d 534, 539 (1978).