TIPTON v. WILLAMETTE SUBSCRIPTION TELEVISION

A8310-06568; CA A36803.

735 P.2d 1250 (1987)

85 Or.App. 79

John TIPTON, Thomas Verkennes, Lawrence Turner, Norm Tolowen, Edwin R. Ward, James Stankek, Fred Stanwood, Mark Summers, James & Janet Shore, John Schone, Alireza Saraabi, Norman Riffle, Arlene & John Reed, Northwest Computer Services, Inc., Gerold McDaniel, Jack O'Dell, John Lopez, Merton Pugh, Ron Miller, Tim Louis, Melva Manning, Robert Lehneke, Penny Lieuallen, Elmer E. Lefebvre, Robert F. Larsell, Brad King, David P. Huntle, Richard W. Innocenti, Vera V. Henderson, Richard & Cecelia Herrington, Melwood Howlett, David L. Gardner, Don Ferris, Gene H. Deiterle, Warren Billing, Robert & Sylvia Dodge, Donald E. Clifford, Don Davila, Stuart D. Conser, Don Copeland, Rob Classen, Rob Chilton, Michael Carmichael, Robby R. Calhoun, Donald D. Bye, Robert L. Borcherding, Bernard Bishop, John Archerd, Robert Ashley, Gary & Kathie Aust, Mark E. Balcom, Jerry D. Becker, Don & Gretchen Long, and 713 Additional Plaintiffs Listed in "Caption Exhibit a" for a Total of 771 Plaintiffs Named and Approximately 2,800 John and Jane Does, Appellants — Cross-Respondents, v. Willamette Subscription Television, an Oregon Limited Partnership, Abc Vision, Inc., a California Corporation, and Christopher Desmond, Respondents, Frank A. Vizzini, Samuel L. Anderson, Bauer, Winfree, Anderson, Fountain & Schaub, an Oregon Professional Corporation, Henry L. Bauer, Andrew H. Winfree, J.M. Fountain, and William D. Schaub, Respondents — Cross-Appellants.

Court of Appeals of Oregon.

Decided April 22, 1987.

Reconsideration Denied June 12, 1987.


Attorney(s) appearing for the Case

George O. Tamblyn, Portland, argued the cause for appellants — cross-respondents. On the briefs were Terrance C. Hunt and Tamblyn & Bush, Portland.

Thomas W. Brown, Portland, argued the cause for respondents — cross-appellants. With him on the brief was Cosgrave, Kester, Crowe, Gidley & Lagesen, Portland.

Willamette Subscription Television, an Oregon limited partnership, ABC Vision, Inc., a California corporation, and Christopher Desmond, respondents, waived appearance.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.


WARDEN, Presiding Judge.

Plaintiffs are satellite dish owners who allegedly intercepted broadcasts of television programming by defendant Willamette Subscription Television (WST). WST charges a monthly fee to its subscribers. Attorney defendants1 sent a form letter to each plaintiff demanding $300 to avoid being sued for damages of $100 per day of violation or a minimum of $1,000. Plaintiffs brought this action against all defendants for...

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