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BENTON-LINCOLN CREDIT SERVICE, INC. v. GIFFIN

No. 65163; CA 17282.

617 P.2d 662 (1980)

48 Or.App. 559

BENTON-LINCOLN CREDIT SERVICE, INC., an Oregon Corporation, Plaintiff, v. Jerry GIFFIN, Defendant. Jerry Giffin, Defendant-Third Party Plaintiff-Respondent, v. Citizens Valley Bank, an Oregon Corporation, Third Party Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 6, 1980.

Attorney(s) appearing for the Case

Dean M. Quick, Albany, argued the cause for third party defendant-appellant. On the brief were Michael G. Cowgill, and Weatherford, Thompson, Brickey & Powers, P.C., Albany.

Melvin T. Rollema, Albany, argued the cause for defendant-third party plaintiff-respondent. With him on the brief was the Law Office of Willard Bodtker, Albany.

Before RICHARDSON, P.J., and THORNTON and BUTTLER, JJ.

BUTTLER, Judge.

The only question presented on appeal in this case is the adequacy of the notice given third party plaintiff (plaintiff) pursuant to ORS 79.5040(3) after repossession and before the sale of the pickup truck third party defendant (defendant)1 had contracted to buy. The trial court determined on the basis of stipulated facts that the notice was inadequate, and judgment was entered for plaintiff. We affirm.

Plaintiff...

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