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BODEWIG v. K-MART, INC.

No. 11,793; CA 18959.

635 P.2d 657 (1981)

54 Or.App. 480

Linda BODEWIG, Appellant, v. K-MART, INC., a corporation, and Alice Golden, Respondents.

Court of Appeals of Oregon.

Decided November 2, 1981.

Reconsideration Denied December 3, 1981.

Attorney(s) appearing for the Case

W. Eugene Hallman, Pendleton, argued the cause for appellant. With him on the briefs was Mautz & Hallman, Pendleton, and Gary Susak, P.C., La Grande.

Samuel E. Tucker, Pendleton, argued the cause for respondent K-Mart, Inc. With him on the brief were John H. Kottkamp, and Kottkamp & O'Rourke, Pendleton.

Robert W. Collins, Pendleton, argued the cause for respondent Alice Golden. With him on the brief was Collins & Collins, Pendleton.

Before BUTTLER, P.J., JOSEPH, C.J., and WARREN, J.

BUTTLER, Presiding Judge.

In this tort action for outrageous conduct, plaintiff seeks damages against her former employer, K-Mart, and a K-Mart customer, Mrs. Golden. Both defendants moved for summary judgment, which the trial court granted. Plaintiff appeals from the resulting final judgments entered. We reverse and remand.

Our review of the pleadings, depositions and affidavits is in the light most favorable to the party against whom the motion is filed...

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