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MONTANEZ v. WRIGHT

CV88-629; CA A60458.

781 P.2d 1273 (1989)

99 Or.App. 377

Samuel MONTANEZ, Appellant, v. R.L. WRIGHT, Superintendent of Eastern Oregon Correctional Institution, Respondent.

Court of Appeals of Oregon.

Decided November 8, 1989.

Attorney(s) appearing for the Case

Kurt C. Bendixsen, Hermiston, argued the cause for appellant. With him on the brief was Garry L. Reynolds, P.C., Hermiston.

Wendy Jo Paris, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

PER CURIAM.

Plaintiff, an inmate at the Eastern Oregon Correctional Institution, appeals from a summary judgment dismissing his petition for habeas corpus relief. Because the trial court erred in entertaining a motion for summary judgment, Kinney v. Maass, 98 Or.App. 590, 779 P.2d 632 (1989); see Bedell v. Schiedler, 307 Or. 562, 566,

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