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CLAY v. PAY LESS DRUG STORES NORTHWEST, INC.

556 P.2d 125 (1976)

276 Or. 673

Gary L. CLAY, Appellant, v. PAY LESS DRUG STORES NORTHWEST, INC., a Maryland Corporation, Doing Business As Payless Drug Store, Respondent. Jack Luttrell, Appellant, v. Pay Less Drug Stores Northwest, Inc., a Maryland Corporation, Doing Business As Payless Drug Store, Respondent.

Supreme Court of Oregon, In Banc.

Decided November 18, 1976.

Attorney(s) appearing for the Case

J. Fred Brandenfels, Eugene, argued the cause for appellants. With him on the briefs were Brandenfels & Klarr, Eugene.

Richard Bryson, Eugene, argued the cause for respondent. With him on the brief were Calkins & Calkins and Bryson & Robert, Eugene.

DENECKE, Chief Justice.

Plaintiffs brought two separate actions, which were consolidated for trial, for false arrest and malicious prosecution. The jury returned verdicts against the plaintiffs, and the plaintiffs appeal.

Plaintiffs contend the trial court instructed the jury that malice was a necessary element of false imprisonment and that was error. Assuming plaintiffs are correct in those contentions, we conclude that the error, if any, was invited error...

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