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MAYS v. CARNER

476 P.2d 794 (1970)

Virgil MAYS, Respondent, v. Ted CARNER, D.B.A. Carner Ford Sales, Appellant.

Supreme Court of Oregon, Department 2.

Decided November 18, 1970.

Attorney(s) appearing for the Case

Lynn Moore, Springfield, argued the cause for appellant. With him on the brief were Moore & Wurtz, Springfield.

Leslie M. Swanson, Jr., Eugene, argued the cause for respondent. With him on the brief were Johnson, Johnson & Harrang, Eugene.

Before O'CONNELL, C.J., and DENECKE, TONGUE and BRYSON, JJ.

TONGUE, Justice.

This is an action for damages for conversion of a truck. The complaint alleges that defendant wrongfully took possession of the truck under a lien notice which falsely stated that defendant furnished labor, materials and storage until January 18, 1968, and that the truck was delivered to plaintiff on that date (within the required 60 day period for the filing of such a lien), whereas the last date for the furnishing of labor, materials and storage...

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