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SPRINGER v. STATE

No. A7909-04459; CA 17275.

621 P.2d 1213 (1981)

50 Or.App. 5

Charles M. (Chuck) SPRINGER, Respondent, v. STATE of Oregon and County of Multnomah, Defendants, City of Portland, Appellant.

Court of Appeals of Oregon.

Decided January 5, 1981.

Reconsideration Denied February 19, 1981.

Review Denied April 7, 1981.

Attorney(s) appearing for the Case

Thomas R. Williams, Deputy City Atty., Portland, argued the cause for appellant. With him on the brief was Christopher P. Thomas, City Atty., Portland.

Donald J. Friedman, Portland, argued the cause and filed the brief for respondent.

Before RICHARDSON, P.J., and THORNTON and BUTTLER, JJ.

RICHARDSON, Presiding Judge.

Plaintiff was arrested in April, 1979 by a Portland police officer for criminal mischief in the first degree, a class C felony. ORS 164.365. No accusatory instrument was filed against him. In September, 1979, plaintiff brought this suit against the State of Oregon and the City of Portland,1 seeking the following relief (as described in his amended complaint):

"1. The entry of an order expunging the...

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