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HAMEL v. JOHNSON

97-05-28838M; A100349

25 P.3d 314 (2001)

173 Or. App. 448

George F. HAMEL, Appellant, v. Dan JOHNSON, Superintendent, Snake River Correctional Institution, Respondent.

Court of Appeals of Oregon, En Banc.

Resubmitted February 7, 2001.

April 25, 2001.

Attorney(s) appearing for the Case

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and David J. Amesbury, Assistant Attorney General, for petition.

Before DEITS, Chief Judge, and EDMONDS, LANDAU, HASELTON, ARMSTRONG, WOLLHEIM, and BREWER, Judges.

On Respondent's petition for reconsideration filed September 20, 2000.

Resubmitted en banc February 7, 2001.

DEITS, C.J.

Defendant, Superintendent of Snake River Correctional Institution, petitions for reconsideration of our opinion in Hamel v. Johnson, 169 Or.App. 216, 9 P.3d 719 (2000). Defendant asserts that we erroneously framed the issue as whether "plaintiff satisfied...

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