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OBERSTALLER v. RICHEY

No. 77-1347; CA 10607.

591 P.2d 407 (1979)

Rod OBERSTALLER, Appellant, v. Monty E. RICHEY and the State of Oregon, Department of Police, Respondents.

Court of Appeals of Oregon.

Argued and Submitted November 20, 1978.

Attorney(s) appearing for the Case

Jerry O. Lesan, Coos Bay, argued the cause for appellant. With him on the briefs was Rossi, Lesan & Johansen, Coos Bay.

Walter L. Barrie, Sol. Gen., Salem, argued the cause for respondents. With him on the brief were James A. Redden, Atty. Gen., and W. Benny Won, Asst. Atty. Gen., Salem.

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

JOSEPH, Judge.

Plaintiff brought this action for false arrest and malicious prosecution against a state police officer and the State Police Department. He appeals a judgment entered against him after the trial court sustained defendants' demurrer to his second amended complaint and he refused to plead again. The allegations of the second amended complaint were in material part as follows:

"FOR A FIRST CAUSE OF ACTION, plaintiff alleges:

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