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WALDNER v. DOW

92C-10459; CA A78837.

876 P.2d 785 (1994)

128 Or. App. 197

David Virgil WALDNER, Appellant, v. Donald DOW, Respondent.

Court of Appeals of Oregon.

Decided May 25, 1994.

Attorney(s) appearing for the Case

Kenneth A. Morrow, argued the cause, for appellant. With him on the brief was Morrow, Monks & Sharp, P.C.

Robert J. Thorbeck, argued the cause and filed the brief, for respondent.

Before ROSSMAN, P.J., and De MUNIZ and LEESON, JJ.

De MUNIZ, Judge.

Plaintiff was charged and acquitted after two separate jury trials for the crimes of arson and murder. He then brought this action against defendant for malicious prosecution. His first claim alleged that defendant initiated or procured the prosecution of plaintiff for the crime of arson. His second claim alleged that defendant continued the prosecution of plaintiff for the crime of murder. The trial court granted defendant's motion for summary judgment...

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