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ORMSBEE v. SMEJKAL

501 P.2d 1267 (1972)

Orrin R. ORMSBEE, Respondent, v. James SMEJKAL, Appellant, Tuffy Boekelman, Defendant, Rome R. Shiplee and Ilda Shiplee, Husband and Wife, Respondents.

Supreme Court of Oregon, In Banc.

Decided October 9, 1972.

Attorney(s) appearing for the Case

Gary D. Rossi, Coos Bay, argued the cause for appellant. With him on the brief were McInturff, Thom, Collver & Rossi, Coos Bay.

Carl N. Byers, Salem, argued the cause for respondents Shiplee. With him on the brief were Heltzel & Byers, Salem.

TONGUE, Justice.

This is an interpleader suit to determine the interests of the defendants in money received by plaintiff from rent on premises known as The Broiler in North Bend, Oregon. Defendants Smejkal and Boekelman claim the money as the alleged lessors of the premises, alleging that they sublet the premises to the present tenant. Defendants Shiplee claim the money as due to them as owners of the hotel building in which The Broiler is located.

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