
    Argued and submitted June 8,
    affirmed by an equally divided court December 20, 1988
    SPIESS, Petitioner/Cross-Respondent on Review, v. JOHNSON, Respondent/Cross-Petitioner on Review, and TEMPLEMAN et al, dba Pendleton Professional Services, Respondents on Review.
    
    (TC 86254; CA A41991; SC S34965, S34975)
    765 P2d 811
    Theodore H. Heap, Portland, argued the cause and filed the petition for petitioner/cross-respondent on review.
    Thomas M. Christ, Mitchell, Lang & Smith, Portland, argued the cause and filed the petition for respondent/cross-petitioner on review Richard H. Johnson, M.D.
    Don G. Swink, Portland, argued the cause for respondents Terrell Templeman and Bruce S. Barnes, dba Pendleton Professional Services.
   Affirmed by an equally divided court.  