PAYLESS DRUG STORES v. BROWN

83-1-1014; CA A30985.

722 P.2d 31 (1986)

80 Or. App. 255

PAYLESS DRUG STORES NORTHWEST, INC., a foreign corporation, Respondent, v. Robert BROWN and Maxine Brown, Appellants. David B. Frohnmayer, Attorney General for the State of Oregon, Third-Party Defendant.

Court of Appeals of Oregon.

Decided July 2, 1986.


Attorney(s) appearing for the Case

Peter Fels, Oregon Legal Services Corp., Pendleton, argued the cause for appellants. With him on brief was Steven N. Thomas, Pendleton.

Leslie Swanson, Eugene, argued the cause for respondent. With him on brief were Sharon A. Rudnick and Harrang, Swanson, Long & Watkinson, P.C., Eugene.

Norman J. Weiner, Mark C. McClanahan and Miller, Nash, Wiener, Hager & Carlsen, Portland, filed a brief amicus curiae for Oregon Retail Council.

Dave Frohnmayer, Atty. Gen., and Philip Schradle, Asst. Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem, filed a brief amicus curiae for State of Oregon.

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.


NEWMAN, Judge.

This case is before us on remand from the Supreme Court. Payless Drug Stores v. Brown, 300 Or. 243, 708 P.2d 1143 (1985). Defendants appealed a judgment against them for $117.74, plus costs. Plaintiff's security guard arrested Bobby Brown, defendants' 15-year old unemancipated daughter, outside plaintiff's Pendleton store for "shoplifting." ORS 164.045. Plaintiff recovered the...

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