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HUFFMAN AND WRIGHT LOGGING CO. v. WADE

CC L87-2850; CA A61324; SC S38633.

857 P.2d 101 (1993)

317 Or. 445

HUFFMAN AND WRIGHT LOGGING CO., an Oregon Corporation, Respondent on Review, v. Valerie J. WADE, Michele D. Miller, Karen V. Wood, Kelpie J. Wilson, Kamala Redd and James R. Jackson, Petitioners on Review.

Supreme Court of Oregon, In Banc.

Reassigned August 10, 1993.

Decided August 19, 1993.

Attorney(s) appearing for the Case

Bruce E. Smith, Eugene, argued the cause for petitioners on review. On the petition was David E. Atkin, Eugene.

Mark C. Rutzick, of Preston, Thorgrimson, Shidler, Gates & Ellis, Eugene, argued the cause for respondent on review. With him on the response briefs was Cynthia Lombardi.

Bruce Smith, Gregory E. Skillman, Ellen D. Adler, and Nickolas Facaros, Eugene, filed a brief for amicus curiae American Civ. Liberties Union Foundation of Oregon, Inc.

Harlan Edward Jones, of Bolliger, Hampton & Tarlow, Portland, filed a brief for amicus curiae Lovejoy Surgicenter, Inc.

GRABER, Justice.

In an action for trespass to chattels, the jury awarded compensatory and punitive damages to plaintiff. Defendants concede their liability for trespass and for compensatory damages, but argue that Article I, sections 8 and 26, of the Oregon Constitution,1 and the First and Fourteenth Amendments to the Constitution of the United States2 prohibit an...

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