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FRED MEYER, INC. v. McDONALD

9003-01409; CA A64868.

828 P.2d 1054 (1992)

112 Or. App. 321

FRED MEYER, INC., a Delaware corporation, Appellant, v. James T. McDONALD, Christian Groth, Diane Topp, Holli Messenger, Lisa Horowitz, Woodrow J. Kuhnhausen, Jeff Smalley, Valerie Filterer, and Susan Beeler, Defendants, and Hale WEITZMAN, Respondent.

Court of Appeals of Oregon.

Decided April 8, 1992.

Attorney(s) appearing for the Case

Charles F. Hinkle, Portland, argued the cause for appellant. With him on the brief was Stoel Rives Boley Jones & Grey, Portland.

Gregory Kafoury, Portland, argued the cause and filed the brief for respondent.

Before RICHARDSON, P.J., and ROSSMAN and DE MUNIZ, JJ.

PER CURIAM.

Plaintiff appeals from a judgment dismissing its action for declaratory and injunctive relief. It sought to prevent persons, including defendant Weitzman,1 from locating themselves at 41 of its stores for the purpose of soliciting signatures on initiative petitions. It did not seek to prohibit signature-collecting activities at any other Fred Meyer store.

The trial court determined that, under State v. Cargill,<...

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