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SPRINGFIELD INTERN. RESTAURANT v. SHARLEY

No. 75-0125; CA 11467.

605 P.2d 1188 (1980)

44 Or.App. 133

SPRINGFIELD INTERNATIONAL RESTAURANT, Inc., an Oregon Corporation, D/B/a International Restaurant and Bernard E. Cooke, Appellants, v. Larry C. SHARLEY, M & L Enterprises, Inc., an Oregon Corporation and David N. Burks, Respondents.

Court of Appeals of Oregon.

Decided January 28, 1980.

Attorney(s) appearing for the Case

Michael L. Williams, Eugene, argued the cause for appellants. With him on the briefs were Arthur C. Johnson, Timothy J. Sercombe, Martha W. Reidy, Donald K. Armstrong, and Johnson, Harrang & Mercer, Eugene.

Scott M. Galenbeck, Springfield, argued the cause for respondents. With him on the brief was Lively & Wiswall, Springfield.

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

SCHWAB, Chief Judge.

This is primarily an action for conversion by wrongful execution. The trial court, sitting without a jury, awarded plaintiffs' nominal damages of $25 and punitive damages of $1500. Plaintiffs appeal, urging their entitlement to far greater damages.

The facts involve a series of complex, multi-sided financial transactions that all relate to a restaurant located in a large motel-restaurant complex at an interstate highway interchange in...

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