Opinion
No. 167-559, CA 8956
On appellant's petition for reconsideration filed June 7, former opinion filed May 8, 1978.
Petition granted; former opinion as modified adhered to August 22, 1978. See also 34 Or. App. 241, 578 P.2d 467
Appeal from the District Court, Multnomah County, Edwin A. York, Judge.
Michael H. Marcus, Greg Bennett, Richard Forester, Gary Roberts, Louis Savage, Michael Schumann, Ralph Smith, Beverly Stein, Legal Aid Service, Portland, for petition.
Tanzer, J., did not participate.
Petition for reconsideration granted; former opinion as modified adhered to.
BUTTLER J.
We adhere to our former opinion, Ficker v. Diefen-bach, 34 Or. App. 241, 578 P.2d 467 (1978), but modify it to the extent that the following sentence is deleted:
"* * * We now amplify that holding by stating that the reference to damages therein is to those damages authorized by other sections of the Act. * * *" 34 Or App at 247.
That statement was not necessary to our decision.
Petition for reconsideration granted; former opinion as modified adhered to.