Western Rebuilders & Tractor Parts, Inc. v. Felmley

ON REHEARING

*198Loyal E. McCarthy, Portland, argued the cause for appellant. With him. on the briefs was William C. McCarthy, Portland. Leo Levenson, Portland, argued the cause for respondent. With bim on the brief was Ernest M. Jachetta, Portland. Before McAllister, Chief Justice, and Rossman, Perry, Sloan, O’Connell, Denecke and Lusk, Justices. PERRY, J.

Believing we were in error in the application of ORS 91.090 to the facts of this case and the interpretation placed thereon by our prior opinion, we granted a rehearing.

Having determined now that we were in error, the former opinion is withdrawn…