ORDER
The Opinion filed February 28, 1997 is withdrawn.
OPINION
PREGERSON, Circuit Judge:
Appellant Capital Development ("Capital") appeals the district court's grant of summary judgment in favor of Appellee Port of Astoria (the "Port"). The district court held that when Assistant Port Director R.L. Miller signed a purported lease, he acted without written authorization, and the transaction did not comply with the Oregon Statute of Frauds...
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