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LUKAS v. J.C. PENNEY CO.

233 Or. 345 (1963)

378 P.2d 717

LUKAS v. J.C. PENNEY COMPANY

Supreme Court of Oregon.

Reargued February 6, 1963.

Affirmed as modified February 14, 1963.

Attorney(s) appearing for the Case

James W. Morrell, Portland, argued the cause for appellant. With him on the brief were Tooze, Powers, Kerr, Tooze & Morrell.

Roscoe C. Nelson, Portland, argued the cause and filed the brief for respondent.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, SLOAN, O'CONNELL, GOODWIN and DENECKE, Justices.

AFFIRMED AS MODIFIED.

ROSSMAN, J.

This is an appeal by the defendant, J.C. Penney Company, from a judgment which the circuit court entered in favor of the plaintiff in an action which averred that the defendant wrongfully detained the plaintiff in the defendant's custody upon a false claim that she had shoplifted a dress from one of the defendant's Portland stores. The answer, in addition to denials, pled that if the defendant detained the plaintiff, the detention...

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