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BACHMEIER v. TUTTLE

0106-06362; A118695.

96 P.3d 871 (2004)

195 Or.App. 83

Faith BACHMEIER and Michael Bachmeier, Appellants, v. Douglas A. TUTTLE, Defendant, and David B. Wiles; Robert May; and Ashcroft and Wiles, LLP, Respondents.

Court of Appeals of Oregon.

Decided September 1, 2004.

Attorney(s) appearing for the Case

Michael S. Morey, Lake Oswego, argued the cause and filed the briefs for appellants.

Peter R. Mersereau, Portland, argued the cause for respondents. On the brief were Thomas W. McPherson and Mersereau & Shannon, LLP.

Before HASELTON, Presiding Judge, and LINDER and ORTEGA, Judges.

HASELTON, P.J.

Plaintiffs appeal, assigning error to the allowance of summary judgment against their claim for wrongful initiation of a civil proceeding against defendants, two attorneys and their law firm.1 Plaintiffs contend, inter alia, that, in opposing summary judgment, they proffered legally sufficient evidence that defendants filed the prior litigation without probable cause and that they did so for an improper purpose. As...

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