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PENDERGRASS v. STATE

TC A8003-01190, CA A24279, SC S30588.

686 P.2d 369 (1984)

297 Or. 643

Paula A. PENDERGRASS, Personal Representative of the Estate of Lawrence V. Pendergrass, Jr., Deceased, Respondent On Review, v. STATE of Oregon and Motor Vehicles Division of Department of Transportation of State of Oregon, Petitioners On Review.

Supreme Court of Oregon.

Decided August 28, 1984.

Attorney(s) appearing for the Case

I. Franklin Hunsaker, III, Portland, filed briefs for respondent. With him on the briefs were Ronald G. Stephenson and Bullivant, Wright, Leedy, Johnson, Pendergrass & Hoffman, Portland.

Virginia L. Linder, Asst. Atty. Gen., Salem, filed petition for review. With her on the petition were Dave Frohnmayer, Atty. Gen., William F. Gary, Deputy Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before PETERSON, C.J., and LINDE, CAMPBELL, ROBERTS, CARSON and JONES, JJ.

PER CURIAM.

The Court of Appeals, 66 Or.App. 607, 675 P.2d 505 (1984), treating the petition for review as a petition for reconsideration, ORAP 10.10, denied the petition. Thereafter petitioners moved the Court of Appeals to vacate its order denying reconsideration, citing this court's decision in Miller v. Grants Pass Irrigation District, 297 Or. 312,

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