LEISETH v. FRED MEYER, INC.

9809-06891; A109991.

57 P.3d 914 (2002)

185 Or.App. 53

Mary LEISETH; John Sweek; Robert Waxman; Patricia Clawson; and Laurie Jenson, Appellants, v. FRED MEYER, INC., a Delaware corporation, Respondent.

Court of Appeals of Oregon.

Decided November 13, 2002.


Attorney(s) appearing for the Case

Gregory Kafoury, Portland and Mark McDougal, West Linn, argued the cause for appellants. With them on the brief was Linda Williams, Portland.

Janet Schroer, Portland, argued the cause for respondent. On the brief were Marjorie A. Speirs and Hoffman Hart & Wagner, LLP.

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


LINDER, J.

Plaintiffs, on separate occasions at separate Fred Meyer department stores, purchased merchandise and attempted to leave the stores. When four of the five plaintiffs attempted to leave the stores, an "electronic article surveillance" alarm went off and Fred Meyer employees stopped plaintiffs to determine if they had paid for their merchandise. They had. A Fred Meyer employee stopped the fifth plaintiff after he had left the store and asked him for a receipt...

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