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SMITH v. LINCOLN COUNTY

850343; CA A39322.

738 P.2d 992 (1987)

86 Or.App. 174

Kevin Scott SMITH, Appellant, v. LINCOLN COUNTY, a Political Subdivision of the State of Oregon, Respondent, City of Newport, a Municipal Corporation of the State of Oregon, Defendant.

Court of Appeals of Oregon.

Decided June 24, 1987.

Attorney(s) appearing for the Case

James M. Brown, Salem, argued the cause for appellant. With him on the brief was Enfield, Guimond & Brown, Salem.

I. Franklin Hunsaker, III, Portland, argued the cause for respondent. With him on the brief were Thomas D. Adams, Douglas R. Andres, and Bullivant, Houser, Bailey, Hanna, Pendergrass, Hoffman, O'Connell & Goyak, Portland.

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

ROSSMAN, Judge.

Plaintiff brings this action to recover damages that he suffered when defendant1 failed to comply with a court order to send to the Police Department of the City of Newport a copy of his juvenile record expunction order pursuant to ORS 419.800 to 419.990. The trial court granted a pretrial motion to strike the claim for damages for "extreme mental anguish, embarrassment [and] loss of human dignity" and also granted a directed...

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