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HOEFER v. COPE

No. 77-6815; CA 12371.

594 P.2d 1300 (1979)

40 Or.App. 275

Roy Daniel HOEFER, Appellant, v. Robert C. COPE, and Western Intelligence, Inc., a Nevada Corporation, the Bi-Mart Company, an Oregon Corporation, and Pay 'n Save Corporation, a Washington Corporation, Respondents.

Court of Appeals of Oregon.

Decided May 14, 1979.

Attorney(s) appearing for the Case

H. Thomas Evans, Eugene, argued the cause and filed the brief for appellant.

David W. James, Jr., Eugene, argued the cause for respondents. With him on the brief was William N. Kent.

Before SCHWAB, C.J., and LEE and JOSEPH, JJ.

JOSEPH, Judge.

This is an action for malicious prosecution in which plaintiff seeks damages because a shoplifting complaint was filed against him. Defendants were granted a summary judgment. Plaintiff appeals.

Because the matter is before us on summary judgment, we view the evidence in the light most favorable to plaintiff, the party against whom judgment was entered. Yartzoff v. Democrat-Herald Publishing Co., 281 Or. 651

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