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HYLTON v. PHILLIPS

529 P.2d 906 (1974)

Douglas Wayne HYLTON, Appellant, v. Gary S. PHILLIPS and Richard J. Bay, Respondents.

Supreme Court of Oregon.

Decided December 19, 1974.

Attorney(s) appearing for the Case

Gary E. Norman, Albany, argued the cause and filed a brief for appellant.

Asa L. Lewelling, Salem, argued the cause and filed a brief for respondents.

Before O'CONNELL, C.J., and McALLISTER, HOLMAN, TONGUE and HOWELL, JJ., and SLOPER and LEAVY, Justices pro tempore.

McALLISTER, Justice.

This is an action for false imprisonment, sometimes called false arrest,1 by the plaintiff Douglas Wayne Hylton, against Gary S. Phillips and Richard J. Bay, both Marion County deputy sheriffs. The court tried the case without a jury and found for the defendants. Plaintiff appeals — we reverse.

Although there is some dispute about details, there is no dispute about the controlling facts. Sometime prior...

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