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BATES v. GORDON

C040876CV; A125277.

157 P.3d 1219 (2007)

212 Or. App. 336

Thomas W. BATES, Petitioner-Respondent, v. Robert GORDON, in his official capacity as Sheriff of Washington County, Respondent-Appellant.

Court of Appeals of Oregon.

Decided May 2, 2007.

Attorney(s) appearing for the Case

Elmer M. Dickens for appellant.

No appearance for respondent.

Before EDMONDS, Presiding Judge, and BREWER, Chief Judge, and WOLLHEIM, Judge.

EDMONDS, P.J.

This case comes to us on remand from the Supreme Court for reconsideration in light of Kerr v. Bradbury, 340 Or. 241, 131 P.3d 737, adh'd to on recons., 341 Or. 200, 140 P.3d 1131 (2006), to determine whether the case is moot. On remand, we determine that the case is not moot. However, on our own motion,

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