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KIMBLER v. STILLWELL

A8208-05113; CA A34559.

717 P.2d 1223 (1986)

78 Or.App. 636

Delorous Y. KIMBLER, Appellant, v. John Vernon STILLWELL, Aka John Vernon Bray, Defendant, G.I. Joe's, an Oregon Corporation, Respondent.

Court of Appeals of Oregon.

Decided April 16, 1986.

Reconsideration Denied June 6, 1986.

Review Allowed June 24, 1986.

Attorney(s) appearing for the Case

Richard E. Fowlks, Portland, argued the cause for appellant. With him on the briefs was Deanna Cereghino Fowlks, Portland.

Jeffrey A. Johnson, Portland, argued the cause for respondent. With him on the brief was Cosgrave, Kester, Crowe, Gidley & Lagesen, Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

On February 21, 1982, Stillwell1 broke into defendant G.I. Joe's retail store on Stark Street in Portland and stole a shotgun and shells which defendant offered for sale to the public. On the same night, Stillwell murdered Michael Kimbler, plaintiff's son,2 with the shotgun. Plaintiff brought this action and the trial court dismissed plaintiff's second...

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