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FRED MEYER, INC. v. KLEIN CAMPAIGNS, INC.

(9802-01392; CA A101975)

5 P.3d 1194 (2000)

168 Or. App. 259

FRED MEYER, INC., a Delaware corporation, Respondent, v. KLEIN CAMPAIGNS, INC., an Oregon corporation and Saul Klein, Appellants, and Bob Tiernan, Darryl Bonner, John Lanagan, John Does 1 to 50 and Jane Does 1 to 50, Defendants.

Court of Appeals of Oregon.

Decided June 7, 2000.

Attorney(s) appearing for the Case

Eli D. Stutsman, Portland, argued the cause for appellants. On the briefs were Gregory W. Byrne and Gregory W. Byrne, P.C., Portland.

Charles F. Hinkle, Portland, argued the cause for respondent. With him on the brief was Stoel Rives LLP, Portland.

Eli D. Stutsman filed a brief amicus curiae for Progressive Campaigns, Inc., Portland.

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.

LANDAU, P.J.

Plaintiff Fred Meyer, Inc. (Fred Meyer), initiated this action for declaratory and injunctive relief concerning the extent to which it has the right to exclude members of the public from gathering initiative petition signatures on the premises of one of its stores, located at Southeast 39th Avenue and Hawthorne Boulevard (the Hawthorne store) in Portland. Defendants are in the business of recruiting and paying individuals to obtain initiative petition...

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