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DICKENS v. DeBOLT

TC L-6275; CA 11338; SC 26192.

602 P.2d 246 (1979)

288 Or. 3

Arthur W. DICKENS, Jr., Petitioner, v. Michael J. DeBolt, Respondent.

Supreme Court of Oregon, In Banc.

Decided November 6, 1979.

Attorney(s) appearing for the Case

Roy Kilpatrick, Mount Vernon, argued the cause for petitioner. On the briefs were Mike Kilpatrick, Milo Pope and Kilpatrick & Pope, Mount Vernon.

W. Benny Won, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

TONGUE, Justice.

This is an action for conversion by a fisherman against a state police officer who seized a sturgeon which he mistakenly believed to have been caught illegally and may have then eaten most of the "evidence." The case was tried before a jury, which returned a verdict of $250 in general damages and $750 punitive damages. The Attorney General appealed from the resulting judgment on behalf of the state police officer. The Court of Appeals reversed the...

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