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ROSENBLUM v. FIRST STATE BANK OF ELGIN

Nos. TC L-24003; SC 25611.

581 P.2d 515 (1978)

A. Leon ROSENBLUM, Murray R. Rosenblum, Sheldon A. Rosenblum and Mendel Weinman, Respondents, v. FIRST STATE BANK OF ELGIN, Appellant, La Grande Air Service, Inc., and Wayne L. Mitchell, Defendants.

Supreme Court of Oregon, In Banc.

Decided July 25, 1978.

Attorney(s) appearing for the Case

Carl G. Helm, of Helm, Petersen & Mukatis, La Grande, argued the cause and filed the brief for appellant.

R.T. Gooding, of Gooding & Susak, La Grande, argued the cause and filed the brief for respondents.

PER CURIAM.

This is an action for money had and received. Plaintiffs are the owners of an airplane rented under contract to the United States Forest Service. Defendant bank had an assignment of the rental payments under the contract to secure its loan to a previous owner of the plane. The subject of this action is a mistaken payment of $10,190 made under that contract to the bank on behalf of the previous owner who, at that time, had no further right to rental payments...

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