Opinion
137346; CA A37404
On appellant's motion for reconsideration filed November 28, 1986.
Motion for reconsideration allowed, former opinion ( 82 Or. App. 375, 728 P.2d 97 (1986), modified and adhered to as modified February 25, 1987.
Appeal from the Circuit Court, Marion County, Duane R. Ertsgaard, Judge.
David C. Force, Eugene, for petition.
Before Buttler, Presiding Judge, and Warren and Rossman, Judges.
ROSSMAN, J.
Motion for reconsideration allowed; former opinion modified and adhered to as modified.
On appellant's motion for reconsideration of our opinion, 82 Or. App. 375, 728 P.2d 97 (1986), we amend footnote 1, 82 Or App at 377, to read:
"We express no opinion with respect to plaintiff's contention that he is also entitled to indemnification for expenses incurred in the prosecution of this action."
Motion for reconsideration allowed; former opinion modified and adhered to as modified.