GARGANESE v. DEPT. OF JUSTICE

CC 9204-02886; CA A75892; SC S39946.

864 P.2d 364 (1993)

318 Or. 181

Robert GARGANESE; North American Enterprises, Inc.; Nutrityme of Utah, Inc.; Nutrityme of New England, Inc.; Nutrityme of New York, Inc.; and V.I.P., Inc., Respondents on Review, v. OREGON DEPARTMENT OF JUSTICE, Petitioner on Review.

Supreme Court of Oregon, In Banc.

Decided December 23, 1993.


Attorney(s) appearing for the Case

Jas Adams, Asst. Atty. Gen., Salem, argued the cause, for petitioner on review. On the petition were Theodore R. Kulongoski, Atty. Gen., Virginia L. Linder, Sol. Gen., and Robert M. Atkinson, Asst. Atty. Gen., Salem.

Robert A. Shlachter, Portland, argued the cause, for respondents on review. With him on the response were Deborah W. Kirchwey, and Stoll Stoll Berne & Lokting, P.C., Portland, and Alan B. Pick, Los Angeles, CA.


VAN HOOMISSEN, Justice.

This is a proceeding under Oregon's Unlawful Trade Practices Act (Act). ORS 646.605 et seq. After a hearing on plaintiffs' (NAE)1 petition to set aside or modify an investigative demand, the circuit court required plaintiffs to comply with Department of Justice's (DOJ) investigative demand issued pursuant to ORS 646.618(1).2 The DOJ petitions...

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