Opinion
TC T-32694, CA 10121, SC 25855
On respondent's petition for rehearing filed February 11, 1980.
Former opinion filed January 22, 1980 ( 288 Or. 451, 605 P.2d 690) Separate opinion on denial of petition for rehearing February 26, 1980.
James A. Redden, Attorney General, Walter L. Barrie, Solicitor General, and Robert C. Cannon, Assistant Attorney General, Salem, for petition.
No appearance contra.
TANZER, J.
Separate opinion on denial of petition for rehearing.
It has been my practice since joining this court not to participate in the review of cases in which I participated as a judge of the Court of Appeals. This is such a case and I am not participating in its decision. The result is unaffected by any action of mine.
To abstain in silence, however, would be misleading. Because this case was decided by a four-member majority which included my predecessor, the validity of the majority opinion as precedent depends upon whether I would have concurred. I would not necessarily in a future similar case concur in the reasoning of the majority in this case.