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ESSELSTYN v. CASTEEL ET AL

205 Or. 344 (1955)

286 P.2d 665

288 P.2d 214

288 P.2d 215

ESSELSTYN v. CASTEEL ET AL

Supreme Court of Oregon.

Reversed and remanded August 3, 1955.

Former opinion modified October 5, 1955.

Petition for rehearing denied October 5, 1955.

Attorney(s) appearing for the Case

James C. Dezendorf, Portland, argued the cause for appellant. With him on the briefs were Koerner, Young, McColloch & Dezendorf, James H. Clarke and Joseph Larkin, Portland.

John F. Kilkenny argued the cause for respondents. On the brief were Kilkenny & Fabre, Pendleton.

Before WARNER, Chief Justice, and TOOZE, ROSSMAN, and LUSK, Justices.

REVERSED AND REMANDED.

LUSK, J.

This action was brought by Beulah A. Esselstyn to recover damages from Mrs. Elbert B. Casteel, formerly county clerk of Umatilla County, Oregon, and National Surety Corporation, the surety on her official bond, claimed to have been caused by the neglect of Mrs. Casteel in failing to docket an alleged judgment. The defendants filed a motion to strike material portions of the complaint. The motion was allowed, and the defendants...

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