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ROSE v. WHITBECK

562 P.2d 194 (1977)

277 Or. 803

Joseph W. ROSE, Respondent, v. Nettie C. WHITBECK, Also Known As Nettie DeFord, and Theodore Rose, Appellants.

Supreme Court of Oregon.

Decided March 31, 1977.

Attorney(s) appearing for the Case

Ridgway K. Foley, Jr., of Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland, and David G. Frost, Hillsboro, argued the cause and filed briefs for appellants.

George E. Birnie, Portland, argued the cause and filed a brief for respondent.

Before DENECKE, C.J., and HOLMAN, HOWELL, BRYSON, LENT and BRADSHAW, JJ.

BRYSON, Justice.

Plaintiff Joe Rose brought this action for malicious prosecution against his sister, Nettie Whitbeck, and brother, Ted Rose. The case arises out of the same family quarrel and the probate of the estate of LeRoy D. Rose1 discussed in Rose v. Whitbeck, 277 Or. 791, 562 P.2d 188, decided this day. Joe and Nettie are co-representatives (executors) of the estate in which they, Ted, and...

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