
    On appellant’s petition for reconsideration filed June 7,
    former opinion filed May 8,
    petition granted; former opinion as modified adhered to August 22, 1978
    See also 34 Or App 241, 578 P2d 467
    FICKER, Respondent, v. DIEFENBACH, Appellant.
    
    (No. 167-559, CA 8956)
    578 P2d 467
    Michael H. Marcus, Greg Bennett, Richard Forester, Gary Roberts, Louis Savage, Michael Schumann, Ralph Smith, Beverly Stein, Legal Aid Service, Portland, for petition.
    BUTTLER J.
   BUTTLER, J.

We adhere to our former opinion, Ficker v. Diefenbach, 34 Or App 241, 578 P2d 467 (1978), but modify it to the extent that the following sentence is deleted:

«* * * \ye now amplify that holding by stating that the reference to damages therein is to those damages authorized by other sections of the Act. * * *” 34 Or App at 247.

That statement was not necessary to our decision.

Petition for reconsideration granted; former opinion as modified adhered to.  