FILED: October 23, 2002

IN THE COURT OF APPEALS OF THE STATE OF OREGON

GERALD KNEELAND,

Appellant,

v.

ROBERT O. LAMPERT,
Superintendent,
Snake River Correctional Institution,

Respondent.

00-11654M; A113904

Appeal from Circuit Court, Malheur County.

Joeseph F. Ceniceros, Judge.

Argued and submitted October 3, 2002.

Bob Pangburn argued the cause for appellant. With him on the brief was Rebecca Neal-Richardson.

Judy Carol 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 Edmonds, Presiding Judge, and Deits, Chief Judge, and Armstrong, Judge.*

PER CURIAM

Award of attorney fees reversed and remanded, Bacote v. Johnson, 333 Or 28, 35 P3d 1019 (2001); otherwise affirmed.

*Armstrong, J., vice Warren, S. J.


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