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STATE EX REL. FROHNMAYER v. FREEMAN

91C-10151, 91C-10837 and 92C-10406; CA A79219 (Control), CA A79220 and CA A79221.

884 P.2d 878 (1994)

131 Or. App. 336

STATE of Oregon ex rel. Dave FROHNMAYER, Attorney General of Oregon, Respondent—Cross-Appellant, v. Herbert S. FREEMAN, D.C., Michael D. Freeman, D.C., dba Keizer Chiropractic Clinic, Appellants—Cross-Respondents. STATE of Oregon ex rel. Dave FROHNMAYER, Attorney General of Oregon, Respondent—Cross-Appellant, v. Mark B. THOMAS, D.C., dba Thomas Chiropractic Clinic, Appellant— Cross-Respondent. STATE of Oregon ex rel. Dave FROHNMAYER, Attorney General of Oregon, Respondent — Cross-Appellant, v. Del SCHAEFFER, D.C., dba West Albany Chiropractic Clinic, Appellant — Cross-Respondent.

Court of Appeals of Oregon.

Decided November 16, 1994.

Attorney(s) appearing for the Case

Jacob Tanzer, Portland, argued the cause for appellants—cross-respondents. With him on the briefs were Bruce W. DeKock and Ball, Janik & Novack.

Harrison Latto, Salem, argued the cause for respondent—cross-appellant. With him on the opening brief were Theodore R. Kulongoski, Atty. Gen., Virginia L. Linder, Sol. Gen., and Jas. Adams, Asst. Atty. Gen. On the reply brief were Theodore R. Kulongoski, Atty. Gen., Virginia L. Linder, Sol. Gen., and Jas. Adams, Asst. Atty. Gen.

Before DEITS, P.J., and RIGGS and HASELTON, JJ.

RIGGS, Judge.

Defendants, who are chiropractic practitioners, appeal from the judgments assessing civil penalties and attorney fees against them and granting the plaintiff state injunctive relief in this action under the Unlawful Trade Practices Act (UTPA). ORS 646.605 et seq. Plaintiff cross-appeals from the trial court's denial of certain investigative costs. We reverse on the appeal and affirm on the cross-appeal.

The operative allegations of plaintiff...

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