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COATS-SELLERS v. ODOT

97-04118-CV; A112532.

85 P.3d 881 (2004)

192 Or. App. 432

Lynda L. COATS-SELLERS; Annette L. Chunn; and Roberta Bowles, in their capacity as Co-Personal Representatives in the Estate of R.L. Coats, Respondents, v. STATE of Oregon, by and through its DEPARTMENT OF TRANSPORTATION and ex rel. Jack R. Roberts, Commissioner of the Oregon Bureau of Labor and Industries, Appellant.

Court of Appeals of Oregon.

Decided March 10, 2004.

Attorney(s) appearing for the Case

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

Josh Newton, Bend, Martin E. Hansen, Cynthia J. Starke, Burlington, MA, and Karnopp, Petersen, Noteboom, Hansen, Arnett & Sayeg, LLP, Bend, for respondents.

Before HASELTON, Presiding Judge, and WOLLHEIM and BREWER, Judges.

HASELTON, P.J.

This case is before us on remand from the Oregon Supreme Court, Coats v. ODOT, 336 Or. 60, 77 P.3d 635 (2003), with instructions to consider it in light of the court's decision in Coats v. ODOT, 334 Or. 587, 54 P.3d 610 (2002). We previously had affirmed the trial court's decision in this case in light of our decision in Coats v. ODOT, 170 Or.App...

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