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MICO, INC. v. WILBUR-ELLIS COMPANY

No. 24059; CA 11477.

593 P.2d 1276 (1979)

39 Or.App. 867

In the matter of the Receivership of the Property and Affairs of MICO, INC., an Oregon Agricultural Cooperative Association. Mico, Inc., John DeNoma, Receiver for Mico, Inc., and Spokane Bank for Cooperatives, Respondents, v. WILBUR-ELLIS COMPANY, Intervenor-Appellant.

Court of Appeals of Oregon.

Decided April 23, 1979.

Attorney(s) appearing for the Case

James N. Gardner of Lindsay, Nahstoll, Hart, Neil & Weigler, Portland, argued the cause and filed briefs, for intervenor-appellant.

William B. Crow, Portland, argued the cause for respondents and filed a brief, for respondent Spokane Bank for Cooperatives. With him on the brief were Richard A. Edwards, Roy F. Gorski, Jr., and Miller, Anderson, Nash, Yerke & Wiener, Portland.

Scott McArthur, of McArthur, Horner & Jennings, P.C., Monmouth, filed a brief, for respondent John DeNoma, receiver for Mico, Inc.

Before SCHWAB, C.J., TANZER, RICHARDSON and ROBERTS, JJ., and BRYSON, Judge Pro Tempore.

BRYSON, Judge, Pro Tem.

This is a proceeding in equity to compel the receiver of Mico, Inc., to grant intervenor Wilbur-Ellis Co. a preference in the distribution of Mico's assets.1 Wilbur-Ellis bases its claim for a preference on an alleged assignment of accounts from Mico to Wilbur-Ellis.2 The trial court found that Mico had not in fact made any assignments of accounts to Wilbur-Ellis and, accordingly, refused...

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