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GETTINGS v. CITY OF ELGIN

517 P.2d 686 (1974)

E.C. GETTINGS et al., Appellants, Robert Swisher et al., Plaintiffs, v. CITY OF ELGIN, an Incorporated City, et al., Respondents.

Court of Appeals of Oregon.

Decided January 7, 1974.

Attorney(s) appearing for the Case

R.T. Gooding, La Grande, argued the cause for appellants. On the briefs were Carey & Gooding and Gary J. Susak, La Grande.

Warner V. Wasley, La Grande, argued the cause for respondents. With him on the brief were Helm, Wasley & Monce, La Grande.

Before SCHWAB, C.J., and FOLEY and TANZER, JJ.

FOLEY, Judge.

Plaintiffs, on behalf of themselves and all other taxpayers of the City of Elgin, filed a complaint for a declaratory judgment on the validity of certain promissory notes executed by the individual defendants acting as councilmen for the City of Elgin and purporting to bind the city. The notes were used to borrow money from the First State Bank of Elgin and the funds obtained by the defendants were used to provide interim financing for a community center...

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