Opinion
No. 25564, CA 16758
Submitted on remand from the Oregon Supreme Court February 18, 1981
Affirmed March 30, 1981 Reconsideration denied April 30, 1981 Petition for review denied June 16, 1981
Appeal from Circuit Court, Deschutes County.
Ridgway K. Foley, Jr., Portland, argued the cause for appellant. With him on the briefs were Schwabe, Williamson, Wyatt, Moore Roberts, and Charles R. Markley, Portland.
Thomas C. Howser, Ashland, argued the cause for respondent. On the brief were Ronald K. Cue, and Cottle, Howser Cue, Ashland.
Before Joseph, Presiding Judge, and Warden and Warren, Judges.
PER CURIAM
Affirmed.
Consequent on its decision in First Federal v. Gruber, 290 Or. 53, 618 P.2d 1265 (1980), which involved the same parties and the same land, the Supreme Court allowed appellant's petition for review of our decision ( 49 Or. App. 11, 618 P.2d 1289 (1980)) and summarily remanded it to this court "to reconsider in view of" the Gruber opinion.
On reconsideration, and in the absence of any guidance from the Supreme Court about the specific reasons underlying its remand, we affirm our previous opinion.
Affirmed.