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CLARK v. UNITED STATES NATIONAL BANK

503 P.2d 502 (1972)

Joyce CLARK et al., Appellants-Cross-Respondents, v. UNITED STATES NATIONAL BANK of Oregon, a Corporation, Respondent-Cross-Appellant.

Court of Appeals of Oregon.

Decided December 1, 1972.

Attorney(s) appearing for the Case

Gerald R. Pullen, Portland, argued the cause and filed the briefs for appellants-cross-respondents.

Phillip Chadsey, Portland, argued the cause for respondent-cross-appellant. With him on the briefs were Charles F. Hinkle and Davies, Biggs, Strayer, Stoel & Boley, Portland.

Before SCHWAB, C.J., and LANGTRY and FORT, JJ.

LANGTRY, Judge.

This appeal is from an order of dismissal after a demurrer was sustained to the amended complaint. The basis of the demurrer was that the remedy, if any, is in equity and not by action at law, hence, the court had no jurisdiction. The defendant cross appeals a trial court finding concerning some of its affirmative defenses. Facts alleged by the pleadings before the court when it ruled upon the demurrer are included in the narration which follows.<...

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