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SMITH v. TOPITS

No. C-81-0468; CA A25955.

669 P.2d 1167 (1983)

64 Or.App. 799

Rodney and Vicki SMITH, Appellants, v. John L. TOPITS, Respondent.

Court of Appeals of Oregon.

Decided October 5, 1983.

Attorney(s) appearing for the Case

Michelle Ryan, Coos Bay, argued the cause for appellants. With her on the brief were John B. Trew and Oregon Legal Services Corp., Coos Bay.

Cameron C. Thom, Coos Bay, waived appearance for respondent.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

In this action, plaintiffs seek statutory damages under ORS 91.815 for their unlawful exclusion on May 5, 1981, from premises rented to them by defendant. Defendant counterclaimed for past-due rent. The trial court denied plaintiffs' claim for unlawful exclusion and awarded defendant a judgment in the amount of $375 for rent for the months of March and April, 1981. The trial court also awarded defendant his...

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