Opinion
No. 41-285, CA A20719
On Appellant's motion to file brief, filed April 16, 1981 ( 291 Or. 662) On respondent's motion to dispense with necessity to file briefs, filed April 21, 1981
Appellant's motion denied. Respondent's motion allowed; judgment affirmed June 1, 1981
Theodore S. Bloom, Portland, for the appellant's motion.
Carrell F. Bradley, Hillsboro, for respondent's motion.
Before Joseph, Chief Judge, and Thornton and Warden, Judges.
PER CURIAM
Appellant's motion denied; respondent's motion allowed; judgment affirmed.
Appellant has moved for an extension of time within which to serve and file his brief until the final disposition in this court or the Supreme Court of the case of Whipple v. Howser, 51 Or. App. 85, 624 P.2d 648 (1981). Respondent has moved for an order dispensing with the filing of briefs and affirming the trial court's decision in the light of Whipple.
Appellant's motion for an extension of time is denied. Respondent's motion for an order affirming the trial court's decision is allowed, and the judgment is affirmed. Whipple v. Howser, supra.