FILED: April 1, 1998

IN THE COURT OF APPEALS OF THE STATE OF OREGON

ANTHONY F. EDGERTON,

Appellant,

v.

ANN MARIE THOMPSON, an individual;
MACLAREN SCHOOL FOR BOYS;
Superintendent, ROBERT JESTER;
STATE OF OREGON and OREGON
CHILDREN'S SERVICES DIVISION,

Respondents.

(95C13882; CA A97717)

Appeal from Circuit Court, Marion County.

Richard D. Barber, Judge.

Submitted on record and briefs February 6, 1998.

Truman A. Stone and Meyer, Elzinga, Gannett & Stone, P.C. filed the brief for appellant.

Hardy Myers, Attorney General, Virginia L. Linder, Solicitor General, and Mary H. Williams, Assistant Attorney General, filed the brief for respondents.

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

PER CURIAM

Reversed and remanded.


DESIGNATION OF PREVAILING PARTY AND AWARD OF COSTS

Prevailing party: Appellant

[ ] No costs allowed.
[x ] Costs allowed, payable by: Respondents
[ ] Costs allowed, to abide the outcome on remand, payable by:


PER CURIAM

Defendants concede that the trial court applied an incorrect standard of proof in granting their motion for summary judgment. They also concede that, under the correct standard, material issues of fact may exist. Accordingly, we reverse and remand for further proceedings.

Reversed and remanded.


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