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ROCKY B. FISHERIES v. NO. BEND FAB.

No. A8110-06552; CA A25230.

676 P.2d 319 (1984)

ROCKY B. FISHERIES, INC., an Oregon corporation, Johnnie Brown and David Brown, Appellants, v. NORTH BEND FABRICATION & MACHINE, INC., an Oregon Corporation; John Dudrey with his law firm Partners Floyd A. Fredrickson, Lloyd W. Weisensee, Peter C. McCord and Jay M. Fountain; Lawrence F. Finneran with His Law Firm Partners Jerry O. Lesan and Kirk Johansen, Respondents.

Court of Appeals of Oregon.

Decided January 25, 1984.

Reconsideration Denied March 9, 1984.

Attorney(s) appearing for the Case

Barbara J. Gazeley, Portland, argued the cause for appellants. With her on the briefs were John L. Langslet and Martin, Bischoff, Templeton, Biggs & Ericsson, Portland.

J.P. Graff, Portland, argued the cause for respondents. With him on the brief was Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

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

BUTTLER, Presiding Judge.

This action at law for damages arose out of the in rem seizure of a fishing vessel, the Rocky B, pursuant to ORS 783.010 et seq. Plaintiffs contend that defendants are liable under 42 U.S.C. § 1983, because the seizure was accomplished without due process of law, and are also liable for failure to comply with the requirements for issuance of provisional process specified in ORS...

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