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DELP v. ZAPP'S DRUG & VARIETY STORES

238 Or. 538 (1964)

395 P.2d 137

DELP v. ZAPP'S DRUG & VARIETY STORES ET AL

Supreme Court of Oregon.

Affirmed September 10, 1964.

Petition for rehearing denied October 13, 1964.

Attorney(s) appearing for the Case

James W. Lock, Gresham, argued the cause for appellant. With him on the briefs were McAllister, Burns, Gustafson & Lock, Gresham.

James H. Clarke, Portland, argued the cause for respondent Violet D. Wood. A. Allan Franzke, Portland, argued the cause for respondents Zapp's Drug & Variety Stores and Mathew Zapp, Jr. With them on the brief were Mautz, Souther, Spaulding, Kinsey & Williamson, Portland, and Koerner, Young, McColloch & Dezendorf and Richard S. Borst, Portland.

Before ROSSMAN, Presiding Justice, and SLOAN, GOODWIN, DENECKE and LUSK, Justices.

AFFIRMED.

DENECKE, J.

The plaintiff customer instituted an action for false imprisonment against the defendant Zapp's Drug & Variety Stores, a storekeeper, and the defendant Wood, a private detective. Upon trial the court directed a verdict in favor of all the defendants.

Zapp's is a self-service store. The plaintiff testified she came into Zapp's carrying a large turkey and a half gallon of milk that she had purchased at a grocery store. She picked...

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