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COATS v. ODOT

97 CV 0285 MS; A105379.

71 P.3d 172 (2003)

188 Or. App. 147

R.L. COATS, Respondent, v. STATE of Oregon, by and through its DEPARTMENT OF TRANSPORTATION and by and through its BUREAU OF LABOR AND INDUSTRIES, Appellant.

Court of Appeals of Oregon.

Decided June 12, 2003.

Attorney(s) appearing for the Case

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Denise G. Fjordbeck, Assistant Attorney General, for appellant.

Martin E. Hansen, Philip R. Anderson, Bend, and Karnopp, Petersen, Noteboom, Hansen, Arnett & Sayeg, LLP, for respondent. With them on the supplemental brief was Josh Newton.

Before HASELTON, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judge.

HASELTON, P.J.

This case is before us on remand from the Oregon Supreme Court. Coats v. ODOT, 334 Or. 587, 54 P.3d 610 (2002). We reverse and remand.

The Supreme Court concluded that we erred in basing our initial decision, Coats v. ODOT, 170 Or.App. 32, 11 P.3d 258 (2000), on defendant's argument concerning...

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