DETTORE v. DAVENPORT


224 Or. 490 (1960)

356 P.2d 957

IN THE MATTER OF THE ESTATE OF FRANK MALLO, DECEASED DETTORE v. DAVENPORT ET AL

Supreme Court of Oregon.

Reversed November 9, 1960.


Attorney(s) appearing for the Case

John Ranquet, Seattle, Washington, argued the cause for appellants. On the briefs were Veatch, Bauman & Lovett, Portland, and Anderson, Davenport, Ranquet & Elston, Seattle, Washington.

Nicholas Jaureguy, Portland, argued the cause for respondent. On the brief were Cake, Jaureguy, Hardy, Buttler & McEwen, Portland.

Myles F. Gibbons, David B. Schreiber, Louis Turner and Ernest O. Eisenberg, all of Chicago, filed a brief for Railroad Retirement Board as amicus curiae, urging reversal.

Before McALLISTER, Chief Justice, and WARNER, O'CONNELL, GOODWIN and MILLARD, Justices.


REVERSED.

WARNER, J.

This is a proceeding initiated in the estate of Frank Malo, deceased, upon petition of Leo Dettore, seeking to recover as his own property certain funds received by Malo's administrator from the U.S. Railroad Retirement Board. They represent money accruing under the Railroad Retirement Act to Malo's estate. From a ruling favorable to the petitioner, James W. Davenport appeals. The appellant appears...

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