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IN THE SUPREME COURT OF THE STATE OF OREGON PATRICIA SURFACE, Plaintiff-Appellant, Petitioner on Review, and JAMES SURFACE, Plaintiff, Petitioner on Review, v. AMERICAN SPIRIT INSURANCE COMPANIES/GREAT AMERICAN INSURANCE COMPANIES, Defendants-Respondents, Respondents on Review. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Multnomah County Circuit Court Case no. 6909-07133

SC S45629 CA A98377

ORDER AFFIRMING BY AN EQUALLY DIVIDED COURT

Upon consideration by the court. The decision of the Court of Appeals is affirmed by an equally divided court. Dated this 8th day of April 2003.

WALLACE P. CARSON, JR. CHIEF JUSTICE

Van Hoomissen, J., retired December 31, 2000, and did not participate in the decision of this case; Kulongoski, J., resigned June 14, 2001, and did not participate in the decision of this case; Leeson, J., resigned January 31, 2003, and did not participate in the decision of this case; De Muniz and Balmer, JJ., did not participate in the consideration or decision of this case.



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