Opinion
Argued December 3, ____.
Reversed with instructions December 9, 1971, Petition for rehearing denied January 4, ____. Petition for review denied February 29, 1972
Appeal from Circuit Court, Columbia County, DONALD L. KALBERER, Judge.
Al J. Laue, Assistant Attorney General, Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Attorney General, and John W. Osburn, Solicitor General, Salem.
Robert Van Natta, St. Helens, argued the cause for respondent. On the brief were Van Natta and Peterson, St. Helens.
Before SCHWAB, Chief Judge, and LANGTRY and THORNTON, Judges.
REVERSED WITH INSTRUCTIONS TO ENTER JUDGMENT FOR DEFENDANT. Andros v. Dept. of Motor Vehicles, 5 Or. App. 418, 485 P.2d 635 (1971); Thorp v. Dept. of Motor Vehicles, 4 Or. App. 552, 480 P.2d 716 (1971).