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CITY OF PORTLAND v. SMITH

DA 271382; CA A33198.

705 P.2d 205 (1985)

75 Or.App. 38

CITY OF PORTLAND, Appellant, v. Lorra Colette SMITH, Aka Lorra Colette Stack, Respondent.

Court of Appeals of Oregon.

Former Opinion May 1, 1985.

Decided August 21, 1985.

Reconsideration Denied October 4, 1985.

Attorney(s) appearing for the Case

Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Thomas H. Denney, Asst. Atty. Gen., Salem, for petition.

Allan D. Sobel, Portland, contra.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

On Appellant's Petition for Reconsideration May 31, 1985.

RICHARDSON, Presiding Judge.

The City of Portland petitions for review of our decision dismissing the appeal, 73 Or.App. 380, 698 P.2d 990 (1985), and we treat the petition as one for reconsideration. ORAP 10.10. We grant the petition, reinstate the appeal and, on the merits, reverse and remand.

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