FILED: August 15, 2001

IN THE COURT OF APPEALS OF THE STATE OF OREGON

GILBERT C. BROWN,

Appellant,

v.

S. FRANK THOMPSON,
Superintendent,
Oregon State Penitentiary,

Respondent.

96C-13583; A100035

On remand from the Oregon Supreme Court. Brown v. Thompson, 332 Or 57, 22 P3d 766 (2001).

Appeal from Circuit Court, Marion County.

Joseph P. Ochoa, Judge.

Submitted on remand June 19, 2001.

Harrison Latto argued the cause and filed the brief for appellant.

Judy C. Lucas, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before Haselton, Presiding Judge, and Edmonds and Landau, Judges.

PER CURIAM

Affirmed. Weidner v. Armenakis, 154 Or App 12, 959 P2d 623 (1998), withdrawn by order July 13, 1998, reasoning reaffirmed and readopted in Merrill v. Johnson, 155 Or App 295, 964 P2d 284, rev den 328 Or 40 (1998).


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