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CAREY v. HAYS

248 Or. 444 (1967)

434 P.2d 331

CAREY ET AL, Respondents, v. HAYS, Appellant.

Supreme Court of Oregon.

Affirmed November 22, 1967.

Petition for rehearing denied December 19, 1967.

Attorney(s) appearing for the Case

Carl G. Helm, La Grande, argued the cause for appellant. With him on the briefs was Austin Dunn, Baker.

Willard K. Carey, La Grande, argued the cause for respondents. With him on the brief were Burleigh, Carey & Gooding, La Grande.

Before PERRY, Chief Justice, and O'CONNELL, GOODWIN, DENECKE, HOLMAN and WOODRICH, Justices.

AFFIRMED.

WOODRICH, J. (Pro Tempore).

This is a fraud action wherein plaintiff as administrator and his decedent's widow obtained judgment based on a jury verdict. The case was originally tried as a suit in equity, but on appeal this court reversed, holding that the case should have been tried as a law action. Carey v. Hays, 243 Or. 73, 409 P.2d 899 (1966).

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