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LLOYD CORPORATION v. WHIFFEN

CC A8512-08127/CA A38839/SC S35170.

773 P.2d 1294 (1989)

307 Or. 674

LLOYD CORPORATION, Ltd., a California Corporation, Petitioner On Review, v. Lucinda WHIFFEN, Hale Lee Weitzman, Eric Stachon and John Doe 1-100, Respondents On Review.

Supreme Court of Oregon.

Decided May 9, 1989.

Attorney(s) appearing for the Case

Milton C. Lankton and Duane A. Bosworth, of Ragen, Tremaine, Krieger, Schmeer & Neill, Portland, argued the cause and filed the petition for petitioner on review.

Gregory Kafoury, Portland, argued the cause and filed a response to the petition for respondent on review Eric Stachon.

No appearance for respondents on review Whiffen, Weitzman, and John Doe 1-100.

Charles F. Hinkle, of Stoel, Rives, Boley, Jones & Grey, Portland, filed a brief on behalf of amicus curiae Fred Meyer, Inc.

Edward J. Sack, New York City, and Gile R. Downes, of Schulte, Anderson, DeFrancq, Downes & Carter, P.C., Portland, filed a brief on behalf of amicus curiae Intern. Council of Shopping Centers, Inc.

Mark A. Anderson, of Miller, Nash, Wiener, Hager & Carlsen, and Henry Kantor, Portland, filed a brief on behalf of amicus curiae The ACLU Foundation of Oregon.

James S. Coon, of Imperati, Barnett, Sherwood & Coon, P.C., Portland, filed a brief on behalf of amicus curiae National Lawyers' Guild.

Before PETERSON, C.J., LINDE, CAMPBELL, CARSON, JONES and GILLETTE, JJ., and VAN HOOMISSEN, J. Pro Tem.

JONES, Justice.

The issue is whether the owner of a privately owned shopping center open to the public for commercial purposes may obtain a declaration of rights and an injunction against persons entering the shopping center to obtain petition signatures; or whether the defendant-solicitors have a right to solicit petition signatures in the shopping mall without plaintiff's permission.

The circuit court ordered that "defendants are hereby restrained and enjoined...

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