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PENDERGRASS v. STATE OF OREGON

A8003-01190; CA A24279.

702 P.2d 444 (1985)

74 Or.App. 209

Paula A. PENDERGRASS, Personal Representative of the Estate of Lawrence V. Pendergrass, Jr., Deceased, Respondent, v. STATE OF OREGON and Motor Vehicles Division of Department of Transportation of State of Oregon, Appellants.

Court of Appeals of Oregon.

Submitted on Remand August 28, 1984.

Resubmitted December 11, 1984.

Reconsideration Denied August 16, 1985.

Attorney(s) appearing for the Case

Dave Frohnmyer, Atty. Gen., William F. Gary, Deputy Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Virginia L. Linder, Asst. Atty. Gen., Salem, appeared for appellants.

I. Franklin Hunsaker, R.G. Stephenson and Bullivant, Houser, Bailey, Pendergrass, Hoffman, O'Connell & Goyak, Portland, appeared for respondent.

Resubmitted In Banc December 11, 1984.

RICHARDSON, Judge.

The Supreme Court allowed defendants' petition for review and remanded this appeal to us for reconsideration in the light of Miller v. Grants Pass Irrigation, 297 Or. 312, 686 P.2d 324 (1984). Pendergrass v. State of Oregon, 297 Or. 643, 686 P.2d 369 (1984...

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