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YUNKER v. MATHEWS

574 P.2d 696 (1978)

32 Or.App. 551

Francis F. YUNKER, Appellant, v. Richard MATHEWS, Defendant, Multnomah County, a Political Subdivision of the State of Oregon, and Jerry Baumgartner, Respondents.

Court of Appeals of Oregon.

Decided February 13, 1978.

Attorney(s) appearing for the Case

Darrell E. Bewley, Portland, argued the cause for appellant. With him on the brief was Niedermeyer & Bewley, Portland.

Thomas A. Gordon, Portland, argued the cause for respondent Multnomah County. With him on the brief was Bullivant, Wright, Leedy, Johnson, Pendergrass & Hoffman, Portland.

No appearance for respondent Jerry Baumgartner.

Before SCHWAB, C.J., and THORNTON and JOHNSON, JJ.

JOHNSON, Judge.

Plaintiff instituted this cause against defendant Mathews for payment of a promissory note in the amount of $5,000 and for foreclosure of his security interest in an automobile formerly owned by defendant Mathews. He also sought an order directing defendants Baumgartner and Multnomah County to deliver the subject vehicle to plaintiff, or if they were unable to deliver the vehicle, a judgment against Baumgartner and the county for $5,000 plus interest...

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