Opinion
DC DA469399; CA A78558; SC S41295
Argued and submitted November 3, 1994,
Decision of the Court of Appeals Affirmed by an equally divided court June 27, 1996
On review from the Court of Appeals.
Appeal from Multnomah County District Court, David Gernant, Judge. 125 Or. App. 682, 866 P.2d 521 (1994).
Wayne Mackeson, Portland, argued the cause and filed the petition for petitioner on review.
Robert M. Atkinson, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.
MEMORANDUM OPINION
The decision of the Court of Appeals is affirmed by an equally divided court.