PAYLESS DRUG STORES Northwest, Inc., a Foreign Corporation, Respondent,
v.
Robert BROWN and Maxine Brown, Appellants.
v.
David B. Frohnmayer, Attorney General for the State of Oregon, Third-Party Defendant.
Court of Appeals of Oregon.https://leagle.com/images/logo.png
Argued and Submitted September 18, 1984.
Decided April 3, 1985.
Attorney(s) appearing for the Case
Peter Fels, Oregon Legal Services Corp., Pendleton, argued the cause for appellants. With him on the brief was Steven N. Thomas, Pendleton.
Leslie Swanson, Eugene, argued the cause for respondent. With him on the brief were Sharon A. Rudnick and Harrang, Swanson, Long & Watkinson, P.C., Eugene.
Norman J. Wiener, Mark C. McClanahan and Miller, Nash, Wiener, Hager & Carlsen, Portland, filed a brief amicus curiae for Oregon Retail Council.
Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Philip Schradle, Asst. Atty. Gen., Salem, filed a brief amicus curiae for State of Or.
Anna M. Moran, Portland, filed a brief amicus curiae for American Civil Liberties Union of Oregon.
Before JOSEPH, C.J., and WARDEN and NEWMAN, JJ.
Court of Appeals of Oregon.
NEWMAN, Judge.
Defendants appeal a judgment against them for penalties of $117.74 plus costs. ORS 30.875(2).1 Plaintiff's security guard arrested Bobbi Brown, defendants' 15-year-old unemancipated daughter, outside plaintiff's Pendleton store for "shoplifting" five items with a total retail value of $17.74. ORS 164.045. Plaintiff demanded that defendants pay the $100 statutory minimum "civil penalty" plus $17.74, the retail value of the...
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