Opinion
TC A8305-03355; CA A34839; SC S33021
On respondent on review's petition for reconsideration filed May 12,
petition for reconsideration granted and disposition of former opinion ( 303 Or. 218, 735 P.2d 614) amended May 27, 1987
On respondent on review's petition for reconsideration filed May 12, 1987. Former opinion filed April 21, 1987, 303 Or. 281, 735 P.2d 614 (1987).
Appeal from judgment of Multnomah County Circuit Court, Honorable Clifford B. Olsen, Judge, 79 Or. App. 659, 720 P.2d 389 (1986).
Jonathan M. Hoffman, Joan L. Volpert and Martin, Bischoff, Templeton, Biggs Ericsson, Portland, filed the petition for respondent on review.
No appearance contra.
Before Lent, Presiding Justice, and Linde, Campbell, Carson, Jones and Gillette, Justices.
PER CURIAM
Petition for reconsideration granted. The disposition of our former opinion is amended to read:
"The decision of the Court of Appeals is reversed. The case is remanded to the Court of Appeals for further proceedings."
Respondent on review United Technologies Corporation petitions only for reconsideration of our disposition in this case, Erickson Air-Crane Co. v. United Tech. Corp., 303 Or. 281, 735 P.2d 614 (1987), arguing that, rather than reversing the Court of Appeals and affirming the trial court outright, our disposition should have been a remand to the Court of Appeals for consideration of five assignments of error argued in that court by United Technologies but not considered. This argument is correct. See, e.g., Oregonian Publishing Co. v. O'Leary, 303 Or. 297, 736 P.2d 173 (1987).
Petition for reconsideration granted. The disposition of our former opinion is amended to read:
"The decision of the Court of Appeals is reversed. The case is remanded to the Court of Appeals for further proceedings."