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HORTON v. WESTERN PROTECTOR INS. CO.

No. 050707077; A132367.

176 P.3d 419 (2008)

217 Or. App. 443

William P. HORTON, Plaintiff-Appellant, v. WESTERN PROTECTOR INSURANCE COMPANY, fka Oregon Mutual Insurance Company, Defendant-Respondent.

Court of Appeals of Oregon.

Decided January 23, 2008.

Attorney(s) appearing for the Case

William P. Horton, Portland, argued the cause and filed the briefs pro se.

Jeffrey D. Eberhard, Portland, argued the cause for respondent. With him on the brief were Kyle D. Riley, Portland, and Smith Freed & Eberhard, PC.

Before EDMONDS, Presiding Judge, and WOLLHEIM and SERCOMBE, Judges.

EDMONDS, P.J.

Plaintiff appeals after the trial court, pursuant to ORS 31.150, granted defendant's motion to strike plaintiff's complaint, dismissed his action for wrongful use of a civil proceeding, and awarded defendant attorney fees. On appeal, plaintiff makes three assignments of error. In his first assignment of error, he argues that ORS 31.150 is inapplicable to this action. He argues in his second assignment of error that, even if this action is subject to...

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