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SHIRLEY v. TOLBERT

9404560CV; CA A94869.

963 P.2d 117 (1998)

155 Or. App. 443

Jinny SHIRLEY, Lawana Warnke and Bobbie Wade, Respondents, v. Ray TOLBERT, Appellant. Ray TOLBERT, Appellant, v. Jinny SHIRLEY, Lawana Warnke and Bobbie Wade, Respondents.

Court of Appeals of Oregon.

Decided August 5, 1998.

Attorney(s) appearing for the Case

David V. Gilstrap, and Davis, Gilstrap, Harris, Hearn & Welty, P.C., Ashland, for appellant.

Michael L. Spencer, Klamath Falls, for respondents.

Before DEITS, C.J., and De MUNIZ and HASELTON, JJ.

HASELTON, Judge.

This case is before us on remand from the Oregon Supreme Court, 327 Or. 98, 957 P.2d 147 (1998), to reconsider in the light of Alderman v. Davidson, 326 Or. 508, 954 P.2d 779 (1998). We reverse and remand for further proceedings.

In our original opinion, Shirley v. Tolbert, 149...

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