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DALTON v. MAASS

86-C-11348; CA A43256.

749 P.2d 138 (1988)

89 Or.App. 332

Eric Todd DALTON, Appellant, v. Fred MAASS, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Petition for Reconsideration December 21, 1987.

Decided February 3, 1988.

Attorney(s) appearing for the Case

Steven H. Gorham, Salem, argued the cause and filed the brief for appellant.

Kurt Mitchell, Certified Law Student, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Scott McAlister, Asst. Atty. Gen., Salem.

Before WARDEN, P.J., JOSEPH, C.J., and VAN HOOMISSEN, J.

On Appellant's Petition for Reconsideration December 21, 1987.

PER CURIAM.

In this habeas corpus proceeding, the trial court granted the state a summary judgment. We affirmed. 88 Or.App. 187, 744 P.2d 300 (1987). The inmate has petitioned for review, which we treat as a petition for reconsideration. ORAP 10.10. The petition is granted, and the previous opinion is withdrawn. The summary judgment is reversed, and the case is remanded. Jorgenson v. Schiedler...

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