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MESSMER v. CARTER

578 P.2d 788 (1978)

282 Or. 323

Michael W. MESSMER and Cheryl Messmer, Respondents Cross-Appellants, v. Wes CARTER, Administrator of the District Court of Multnomah County, Defendant, Bonded Credit Company, a Corporation, Appellant Cross-Respondent.

Supreme Court of Oregon.

Argued and Submitted April 6, 1978.

Attorney(s) appearing for the Case

Brian W. O'Brien, Portland, argued the cause and filed briefs for appellant/cross-respondent.

Roy V. Smith, Albany, of Oregon Legal Services Corporation, Albany Regional Office, argued the cause for respondents/cross-appellants. With him on the brief was Nancy M. Helget, Albany.

Before DENECKE, C.J., and HOLMAN, TONGUE, HOWELL, BRYSON, and LINDE, JJ.

HOLMAN, Justice.

Bonded Credit is a corporation authorized to do business in Oregon as a collection agency. It brought an action in district court in its own name against the Messmers on an account assigned to it by the J.C. Penney Company. The Messmers pleaded as an affirmative defense that Bonded Credit was practicing law in its efforts to collect the account. The district court sustained a demurrer to the affirmative defense. The parties then stipulated that the...

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