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POWERS v. CHEELEY

TC 87C-10512; CA A46380; SC S35705.

771 P.2d 622 (1989)

307 Or. 585

Stephen POWERS, Respondent On Review, v. Officer CHEELEY and the City of Salem, Petitioners On Review.

Supreme Court of Oregon, In Banc.

Decided April 4, 1989.

Attorney(s) appearing for the Case

William G. Blair, Asst. City Atty., Salem, argued the cause and filed the petition for petitioners on review. With him on the brief was William J. Juza, City Attorney, Salem.

J. Michael Alexander, Salem, argued the cause for respondent on review. With him on the response to the petition was Burt, Swanson, Lathen, Alexander & McCann, Salem.

FADELEY, Justice.

This civil assault case involves the admissibility of an out-of-court statement offered to prove the truth of the matter asserted. The trial court entered judgment, which the Court of Appeals affirmed, on a jury verdict for Plaintiff Stephen Powers against the Defendants Salem Police Officer Cheeley and the City of Salem. Powers v. Officer Cheeley, 93 Or.App. 294, 762 P.2d 1019

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