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FOSTER v. MILLER

No. 37-723; CA 10724.

593 P.2d 1289 (1979)

39 Or.App. 891

Bill L. FOSTER, Plaintiff, v. Blanche MILLER, Appellant, Nathan Ball and Ruth Ball, Husband and Wife, Respondents, Mert Enquist and Associates, Inc., an Oregon Corporation, Defendant.

Court of Appeals of Oregon.

Decided April 30, 1979.

Attorney(s) appearing for the Case

Marvin D. Bowen, Tigard, argued the cause and filed the brief for appellant.

F. Gordon Allen, Beaverton, argued the cause for respondents. With him on the brief was Bolliger, Hampton & Tarlow, P.C., Beaverton.

Before SCHWAB, C.J., and THORNTON, LEE and GILLETTE, JJ.

THORNTON, Judge.

This appeal involves an interpleader proceeding brought to resolve a dispute over who is entitled to an earnest money payment of $10,000 deposited in an abortive real estate transaction. The transaction involved a motel in Beaverton.

The parties in the case are as follows: Plaintiff is a licensed real estate broker who represented the sellers in the transaction. Defendants are Blanche Miller, the...

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