FILED: December 22, 1999

IN THE COURT OF APPEALS OF THE STATE OF OREGON

TYRONE WASHINGTON,

Appellant,

v.

DAN JOHNSON, Superintendent,
Snake River Correctional Institution,

Respondent.

(98-03-29597-M; CA A104167)

Appeal from Circuit Court, Malheur County.

F. J. Yraguen, Judge.

Argued and submitted November 23, 1999.

Bob Pangburn filed the brief for appellant.

Denise Fjordbeck, 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 Edmonds, Presiding Judge, and Deits, Chief Judge, and Armstrong, Judge.

PER CURIAM

Judgment for attorney fees reversed; otherwise affirmed. Alexander v. Johnson, 164 Or App 235, ___ P2d ___ (1999).


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