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SHIRES v. COBB

534 P.2d 188 (1975)

James William SHIRES, Jr., Respondent, v. Juanita E. COBB and Arden-Mayfair, Inc., Dba Mayfair Market, Appellants.

Supreme Court of Oregon.

Decided April 24, 1975.

Attorney(s) appearing for the Case

Samuel R. Blair, of Ady & Blair, Salem, argued the cause and filed briefs for appellant Cobb.

Ridgway K. Foley, Jr., Portland, argued the cause for appellant Arden-Mayfair, Inc. With him on the briefs were Gordon Moore, Kenneth E. Roberts, and Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland.

Bruce W. Williams, Salem, argued the cause and filed a brief for respondent.

Before McALLISTER, P.J., and DENECKE, HOLMAN, HOWELL and BRYSON, JJ.

HOWELL, Justice.

This is a negligence action in which plaintiff alleges that defendant Cobb, an employee of defendant Arden-Mayfair acting within the course and scope of her employment, "negligently identified" the plaintiff to police and caused robbery charges to be filed against him. The jury returned a verdict for the plaintiff and both defendants appeal. For the first time on appeal, the defendants demur to the complaint on the ground that it fails to

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