FILED: June 3, 1998

MAX DONALD McCURDY,

Respondent,

v.

DAN JOHNSON, Superintendent,
Snake River Correctional Institution.

Appellant.

Appeal from Circuit Court, Malheur County.

Frank J. Yraguen, Judge.

Argued and submitted March 26, 1998.

Christine Ann Chute, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Bob Pangburn argued the cause and filed the brief for respondent.

Before Riggs, Presiding Judge, and Landau and Wollheim, Judges.

PER CURIAM

Reversed. Weidner v. Armenakis, 154 Or App 12, ___ P2d ___ (1998).

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