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MELTON v. ALLEN

No. 420-681; SC 25395.

580 P.2d 1019 (1978)

282 Or. 731

Jeanette L. MELTON, Appellant, v. Charles M. ALLEN, Dba Allen's Towing Service, Respondent.

Supreme Court of Oregon, Department 2.

Decided June 27, 1978.

Attorney(s) appearing for the Case

Ray G. Brown, Portland, argued the cause and filed briefs for appellant.

William R. Miller, Jr., Portland, argued the cause for respondent. With him on the brief was Jones, Lang, Klein, Wolf & Smith, Portland.

Before DENECKE, C.J., TONGUE and BRYSON, JJ., and JOSEPH, J. Pro Tem.

BRYSON, Justice.

Plaintiff brought this action against defendant, operator of a towing company, for trespass to her automobile. Defendant moved for summary judgment, which the trial court granted. Plaintiff appeals. Her sole assignment of error is that the trial court erred in granting the motion.

The complaint alleged:

"I. "The defendant is an individual and operates a towing service under the assumed business name of Allen's Towing Service...

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