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FIRST NAT. BANK OF ORE. v. JACK MATHIS GEN. CON.

546 P.2d 754 (1976)

FIRST NATIONAL BANK OF OREGON, a National Banking Association, Appellant, v. JACK MATHIS GENERAL CONTRACTOR, Inc., an Oregon Corporation, et al., Respondents. Jack Mathis General Contractor, Inc., Plaintiff-Respondent, v. Senior Citizens Land and Development Co. et al., Defendants, Phil Sutton, Defendant-Respondent, First National Bank of Oregon, a Banking Association, Appellant.

Supreme Court of Oregon, In Banc.

Decided February 26, 1976.

Attorney(s) appearing for the Case

Thomas Garrison, Roseburg, argued the cause and filed briefs for appellant.

Eldon F. Caley of Long, Neuner, Dole & Caley, Roseburg, argued the cause for respondent Jack Mathis General Contractor, Inc.

O'CONNELL, Chief Justice.

This is a declaratory judgment proceeding in which First National Bank of Oregon seeks a decree declaring that plaintiff is the owner of a judgment against defendant Jack Mathis General Contractor, Inc. through an assignment of the interest of defendant Phil Sutton, the judgment creditor. Plaintiff appeals from a decree in favor of defendants.

The facts are as follows. In 1961, Phil Sutton...

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