Filed: April 23, 1998

JINNY SHIRLEY, LAWANA WARNKE,
and BOBBIE WADE,

Respondents on Review,

v.

RAY TOLBERT,

Petitioner on Review.

_________________________________________________________________

RAY TOLBERT,

Petitioner on Review,

v.

JINNY SHIRLEY, LAWANA WARNKE,
and BOBBIE WADE,

Respondents on Review.

On petition for review from the Court of Appeals filed October 14, 1997.*

David V. Gilstrap, of Davis, Gilstrap, Hearn & Welty, P.C., Ashland, filed the petition on behalf of petitioner on review.

Michael L. Spencer, of Spencer, Runnels, MacArthur, & Porras, Klamath Falls, filed the response on behalf of respondents on review.

Before Carson, Chief Justice, and Gillette, Van Hoomissen, Durham, Kulongoski, and Leeson, Justices.**

MEMORANDUM OPINION

The petition for review is allowed. The decision of the Court of Appeals is vacated. The case is remanded to the Court of Appeals in light of Alderman v. Davidson, 326 Or 508, ___ P2d ___ (1998).

*Appeal from Klamath County Circuit Court,

Roger Isaacson, Judge.

149 Or App 717, 945 P2d 567 (1997).

**Graber, J., resigned March 31, 1998, and did not participate in the decision of this case.