Opinion
No. 78-1315, CA 11299, SC 26121
Argued and submitted October 3, 1979.
Affirmed June 3, 1980.
On review from the Court of Appeals.
Appeal from Circuit Court Lane County. Roland K. Rodman, Judge. 38 Or. App. 425, 590 P.2d 296 (1979).
Thomas L. Fagan, of Fagan, Hoffman Klarr, P.C., Eugene, argued the cause and filed the briefs for petitioner.
Thomas Denney, Assistant Attorney General, Salem, argued the cause for respondent. On the brief were James A. Redden, Attorney General, Walter L. Barrie, Solicitor General, and Catherine Allan, Assistant Attorney General, Salem.
PER CURIAM.
Affirmed.
The court is equally divided on the only issue in the case and, therefore, the Court of Appeals is affirmed. Justices Tongue and Howell and Chief Justice Denecke would affirm and Justices Lent, Linde and Peterson would reverse. Justice Tanzer participated in the decision of this case in Court of Appeals.