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FILIPETTI v. DEPT. OF FISH & WILDLIFE

CV07100348; A137191.

197 P.3d 535 (2008)

224 Or. App. 122

In re one black-tailed doe deer named "Snowball". James FILIPETTI and Francesca Mantei, Plaintiffs-Respondents, v. DEPARTMENT OF FISH AND WILDLIFE, Defendant-Appellant.

Court of Appeals of Oregon.

Decided November 26, 2008.

Attorney(s) appearing for the Case

Cecil Reniche-Smith, Assistant Attorney General, argued the cause for appellant. With her on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Geordie Duckler, Portland, argued the cause and filed the brief for respondents.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.

HASELTON, P.J.

Defendant, Oregon Department of Fish and Wildlife (ODFW), appeals from a trial court order directing ODFW to return to plaintiffs, James Filipetti and Francesca Mantei, one black-tailed doe named "Snowball" (the doe). After the doe had been seized from plaintiffs' property pursuant to a search warrant, plaintiffs sought to recover the doe by filing a motion under ORS 133.633 for "return or restoration of things seized." The trial court granted that...

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