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FRED MEYER, INC. v. TEMCO METAL PRODUCTS COMPANY

516 P.2d 80 (1973)

FRED MEYER, INC., an Oregon Corporation, Appellant, v. TEMCO METAL PRODUCTS COMPANY, an Oregon Corporation, Respondent.

Supreme Court of Oregon.

Decided November 29, 1973.

Attorney(s) appearing for the Case

Phillip D. Chadsey, Portland, argued the cause for appellant. With him on the briefs were Cleveland C. Cory and Davies, Biggs, Strayer, Stoel & Boley, Portland.

George P. Haley, Portland, argued the cause for respondent. With him on the brief were Carney, Haley, Probst & Levak, Portland.

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

TONGUE, Justice.

This is an action for damages by the holder of 30 forged checks to recover the loss it incurred after the checks had been stolen during a burglary of defendant's office and then cashed at several of plaintiff's stores. Plaintiff appeals from a judgment of involuntary nonsuit. We affirm.

Plaintiff's complaint alleged that defendant was negligent (1) in failing to place the blank checks in safekeeping; (2) in failing to place its check "protectograph...

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