Lowe v. Eugene Sand & Gravel, Inc.

How later courts describe this case

• adopting federal test for establishment of religion as the appropriate test to be used under the state constitution as well
• due diligence is an affirmative defense; plaintiff required only to act reasonably under all facts and circumstances
• there may be circumstances where a union's studied ambivalence toward an unauthorized strike constitutes sufficient inducement, encouragement and condonation to allow damage recovery
• display of large cross in public park as a veterans’ war memorial does not violate constitutional requirements despite the fact that it is a religious symbol
• defendant in hospital had no reasonable expectation of privacy in his clothing because it was in a semipublic area and hospital had control of the clothes
• release of nine months earnings figures showing $1.16 earnings per share were made misleading by the failure to release existing accounting reports which defendants knew would require year-end write-offs resulting in a $0.15 loss per share
• "if a warrantless search and seizure is reasonably closely related in time and place to a lawful arrest, the search and seizure may be considered incidental to the arrest... whether the search and seizure occurs either before or after the arrest."
• cross erected as veteran's war memorial had secular purpose