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SAFEWAY STORES, INC. v. COOS FIDELITY CORP.

511 P.2d 345 (1973)

SAFEWAY STORES, Incorporated, a Maryland Corporation, Respondent, v. COOS FIDELITY CORPORATION, an Oregon Corporation, Appellant, Carnation Company, Dba Albers Feed & Farm Supply, a Delaware Corporation, Defendant, and Richard A. Kimker, Trustee in Bankruptcy for Neill Rood and Joann Rood, Husband and Wife, Respondent.

Supreme Court of Oregon.

Decided June 14, 1973.

Attorney(s) appearing for the Case

William M. McAllister, Portland, argued the cause for appellant. With him on the brief were Charles F. Hinkle, Donald J. Boyd, and Davies, Biggs, Strayer, Stoel and Boley, Portland.

Cameron C. Thom, Coos Bay, argued the cause for respondent. With him on the brief were McInturff, Thom, Collver & Rossi, Coos Bay.

Before O'CONNELL, C.J., and DENECKE, HOLMAN, TONGUE, HOWELL and BRYSON, JJ.

O'CONNELL, Chief Justice.

This is a suit in equity in which plaintiff Safeway Stores, Inc., has interpleaded defendants seeking to determine who is entitled to certain money which plaintiff owed for milk delivered to it by defendants Neill Rood and Joann Rood. Defendant Coos Fidelity Corporation appeals from that part of the decree in favor of defendant Richard Kimker, trustee in bankruptcy.

On November 12, 1970, the Security Bank of Myrtle Point acquired...

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