FILED: May 12, 2004

IN THE COURT OF APPEALS OF THE STATE OF OREGON

TOM JOHNSON,

Appellant,

v.

KEN MORGAN,
an individual,
and DESCHUTES COUNTY,
a political subdivision,

Respondents.

Appeal from Circuit Court, Deschutes County.

Stephen N. Tiktin, Judge.

Argued and submitted September 13, 2002.

Roxanne L. Farra argued the cause for appellant. With her on the briefs was Roxanne L. Farra, P.C.

Mark P. Amberg argued the cause for respondents. With him on the briefs was Deschutes County Legal Counsel.

Before Haselton, Presiding Judge, and Deits, Chief Judge, and Linder, Judge.

PER CURIAM

Affirmed. Johnson v. Brown, ___ Or App ___, ___ P3d ___ (May 12, 2004).