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HAYES OYSTER CO. v. DULCICH

(952016; CA A95904)

12 P.3d 507 (2000)

170 Or. App. 219

HAYES OYSTER CO., an Oregon corporation, Appellant, v. Frank D. DULCICH, an individual; Dulcich, Inc., an Oregon corporation; Pacific Seafood Co., Inc., an Oregon corporation; and Pacific Oyster Co., an Oregon corporation, Respondents.

Court of Appeals of Oregon.

Decided October 4, 2000.

Attorney(s) appearing for the Case

Richard S. Pope, Portland, argued the cause for appellant. With him on the briefs was Newcomb, Sabin, Schwartz & Landsverk.

William H. Walters, Portland, argued the cause for respondents. With him on the briefs were John F. Neupert and Miller, Nash, Wiener, Hager & Carlsen.

Before EDMONDS, Presiding Judge, and KISTLER and BREWER, Judges.

KISTLER, J.

The jury awarded plaintiff Hayes Oyster Co. $45,400 in compensatory damages because defendants, Frank Dulcich, Pacific Sea Food, Inc., and Pacific Oyster, Inc.,1 had converted Hayes' oyster shell pile. The jury did not award Hayes punitive damages. On appeal, Hayes raises 24 assignments of error. Its assignments focus on the proper measure of damages for conversion, evidence on punitive damages, instructions concerning the...

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