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BRANDT v. BRANDT

495 P.2d 1205 (1972)

Eunice C. BRANDT, Appellant, v. Philip M. BRANDT, Jr., Respondent.

Court of Appeals of Oregon, Department 2.

Decided April 13, 1972.

Attorney(s) appearing for the Case

James W. Walton, Corvallis, argued the cause for appellant. With him on the brief were Ringo, Walton, McClain & Eves, Corvallis.

Richard D. Barber, Salem, argued the cause for respondent. With him on the brief were DeArmond, Sherman & Barber, Salem.

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

FORT, Judge.

This suit seeks to set aside a property settlement agreement and a decree of divorce on the ground of fraud. It does so, not by an appeal from the divorce decree nor by a motion pursuant to ORS 18.160, nor by a motion directed to the alimony award incorporated both in the decree and the challenged property settlement agreement, but by an original suit based upon fraud.

The challenge to the agreement itself is based principally on the inclusion...

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