RICHER v. POISSON

92-CV-0436-TM; CA A83923.

903 P.2d 932 (1995)

137 Or. App. 157

Lee RICHER and Yvonne Richer, husband and wife, Appellants, v. Lawrence POISSON, Respondent.

Court of Appeals of Oregon.

Decided October 11, 1995.


Attorney(s) appearing for the Case

Michael Henderson, Bend, argued the cause and filed the brief for appellants.

Robert L. Nash, Portland, argued the cause for respondent. With him on the brief was Dunn, Carney, Allen, Higgins & Tongue.

Before WARREN, P.J., and EDMONDS and ARMSTRONG, JJ.


WARREN, Presiding Judge.

Plaintiffs appeal from a judgment dismissing their complaint for failure to state a claim for intentional infliction of emotional distress, ORCP 21 A(8), and plaintiff Lee Richer (Richer) appeals from a summary judgment on his claim for malicious prosecution. ORCP 47 C. We affirm in part and reverse in part.

Plaintiffs leased retail space from defendant, who operated a business adjacent to plaintiffs' store. The parties had an acrimonious...

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