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MILLER v. GRANTS PASS IRRIGATION DISTRICT

Nos. 77 716 L, 77 731 L; CA No. A22052.

667 P.2d 4 (1983)

64 Or.App. 40

Robert MILLER, Appellant, v. GRANTS PASS IRRIGATION DISTRICT, a Quasi-Municipal Corporation, and the State of Oregon, Respondents. Lisa Miller, a Minor, by and through Her Guardian Ad Litem Robert Miller, Appellant, v. Grants Pass Irrigation District, a Quasi-Municipal Corporation, and the State of Oregon, Respondents.

Court of Appeals of Oregon.

Decided July 27, 1983.

Reconsideration Denied September 16, 1983.

Review Allowed November 1, 1983.

Attorney(s) appearing for the Case

Dave Frohnmayer, Atty. Gen., Stanton F. Long, Deputy Atty. Gen., William F. Gary, Sol. Gen., and Richard David Wasserman, Asst. Atty. Gen., Salem, for State of Oregon's petition.

W.V. Deatherage, and Frohnmayer, Deatherage, de Schweinitz & Pratt, Medford, for Grants Pass Irrigation District's petition.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

Defendants petition for reconsideration. We deny the petition of Grants Pass Irrigation District and allow that of the State of Oregon.

In its petition for reconsideration, the state argues that we erred in holding "that the Marine Board could be held liable for plaintiffs' injuries because of its failure to promulgate rules governing boaters in the waters behind the Savage Rapids Dam," because plaintiffs had abandoned that theory of liability...

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