HARTLEY v. WATER RESOURCES DEPT.

83-552 CV; CA A32830.

713 P.2d 1060 (1986)

77 Or.App. 517

Charles E. HARTLEY, Respondent, v. STATE OF OREGON, WATER RESOURCES Department, Michael Leeds and Del Sparks, Appellants.

Court of Appeals of Oregon.

Decided February 5, 1986.

Reconsideration Denied April 4, 1986.


Attorney(s) appearing for the Case

Robert M. Atkinson, Asst. Atty. Gen., Salem, argued the cause for appellants. With him on briefs were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Sam McKeen, Klamath Falls, argued the cause and filed brief for respondent.

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


ROSSMAN, Judge.

In this action, plaintiff alleges claims for malicious prosecution and abuse of process. Defendants appeal from a judgment entered on a jury verdict in favor of plaintiff on both claims. We reverse the judgment on plaintiff's malicious prosecution claim and remand. We also reverse the judgment on plaintiff's abuse of process claim.

Plaintiff was a well digger and possessed drilling and contracting licenses. Defendant Sparks is a state watermaster...

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