
    On petition for review from the Court of Appeals filed October 14, 1997,
    
    petition for review allowed; decision of Court of Appeals vacated, and case remanded to Court of Appeals 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.
    
    (CC 9404560CV; CA A94869; SC S44610)
    957 P2d 147
    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.
    
    
      
       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.
    
   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, 954 P2d 779 (1998).  