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POLLOCK v. UNITED GROWTH FUND, INC.

No. 92095; CA 10469.

598 P.2d 1285 (1979)

41 Or.App. 735

Joseph I. POLLOCK, Jr., Appellant-Cross-Respondent, v. UNITED GROWTH FUND, INC., a Panamanian Corporation, by William E. Tassock, Receiver, Respondent-Cross-Appellants, Herbert T. Watkins, Jr., Defendant.

Court of Appeals of Oregon.

Decided August 27, 1979.

Attorney(s) appearing for the Case

Lon N. Bryant, Portland, argued the cause and filed the briefs for appellant-cross-respondent.

James N. Westwood, Portland, argued the cause for respondent-cross-appellant. With him on the briefs were Miller, Anderson, Nash, Yerke & Wiener, and Dean D. DeChaine, Portland.

Before SCHWAB, C.J., and THORNTON, BUTTLER, and JOSEPH, JJ.

BUTTLER, Judge.

This declaratory judgment proceeding was commenced by plaintiff to determine the rights of the parties to the proceeds paid and payable under a contract for the sale of an apartment complex (the Oakmont) which was built by plaintiff Pollock and defendant Watkins, under the circumstances related below. The trial court, sitting without a jury, determined that defendant United Growth Fund (UGF) had the interest...

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