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HUNTINGTON v. COFFEE ASSOCIATES FOOD, ETC.

No. 78-1927; CA 13338.

603 P.2d 1183 (1979)

43 Or.App. 595

Earl W. HUNTINGTON, Respondent, v. COFFEE ASSOCIATES FOOD ENTERPRISES-CAFE AND THE TRAVELERS INDEMNITY COMPANY, Appellants.

Court of Appeals of Oregon.

Decided December 10, 1979.

Attorney(s) appearing for the Case

Keith Y. Boyd, Eugene, argued the cause for appellant. With him on the brief was Bevans & McCullen, Eugene.

Edward V. O'Reilly, Eugene, argued the cause and filed the brief for respondent.

Before BUTTLER, P.J., and GILLETTE and ROBERTS, JJ.

BUTTLER, Presiding Judge.

Defendants appeal from a judgment in favor of plaintiff for damages sustained as a result of a temporary restraining order which had been obtained by Coffee Associates in a prior proceeding, and which, in this proceeding, the trial court found as a matter of law to have been wrongful for want of statutory authority. We affirm.

In the prior lawsuit Coffee Associates sought money damages against Huntington, its franchisee, for goods...

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