FILED: November 4, 1998

IN THE COURT OF APPEALS OF THE STATE OF OREGON

JAMES THOMAS FURGERSON,

Appellant,

v.

G. H. BALDWIN, Superintendent, Eastern
Oregon Correctional Institution,

Respondent.

(CV960705; CA A96854)

Appeal from Circuit Court, Umatilla County.

Rudy M. Murgo, Judge.

Argued and submitted October 9, 1998.

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

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

Before Warren, Presiding Judge, and Edmonds and Armstrong, Judges.

PER CURIAM

Appeal dismissed as moot. Jones v. Thompson, 156 Or App 226, ___ P2d ___ (1998).

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