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HOWEY v. JOHNSON

(97-07-29021M; CA A100832)

987 P.2d 526 (1999)

161 Or. App. 108

Rodney HOWEY, Respondent, v. Dan JOHNSON, Superintendent, Snake River Correctional Institution, Appellant.

Court of Appeals of Oregon.

Decided June 2, 1999.

Attorney(s) appearing for the Case

Christine 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 LANDAU, Presiding Judge, and WOLLHEIM and BREWER, Judges.

PER CURIAM.

Affirmed. Peek v. Thompson, 160 Or.App. 260, 980 P.2d 178 (1999).

BREWER, J., concurs.

BREWER, J., concurring.

I concur in the result in this case because it is compelled by our decision in Peek v. Thompson, 160 Or.App. 260, 980 P.2d 178 (1999). However, I persist in the view...

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