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RIPNITZ v. JONES

No. 24537; CA 11028.

584 P.2d 315 (1978)

36 Or.App. 183

Elaine RIPNITZ and David Wilkinson, Respondents, v. James E. JONES and Julia Anne Jones, Husband and Wife, Appellants, and Family Federal Savings and Loan Association, a Corporation, Defendant.

Court of Appeals of Oregon.

September 18, 1978.

Attorney(s) appearing for the Case

Kenneth E. Shetterly and Hayter, Shetterly, Noble & Weiser, Dallas, filed the brief for appellants.

William M. Horner and McArthur, Horner & Jennings, Monmouth, waived appearance for respondents.

Before SCHWAB, C.J., and GILLETTE and ROBERTS, JJ.

Submitted on Record and Appellants' Brief August 31, 1978.

SCHWAB, Chief Judge.

In this equity proceeding defendant appeals from a decree dismissing plaintiff's suit contending the court had no power to order dismissal "without prejudice." At trial plaintiffs presented their case-in-chief and rested. The defendants rested without introducing any testimony and moved for a decree of dismissal on the ground that plaintiffs...

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