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BOWLES v. WINSLOW

No. 115470; CA 17379.

617 P.2d 297 (1980)

48 Or.App. 443

Charles David BOWLES, Respondent, v. Norman K. WINSLOW, Appellant.

Court of Appeals of Oregon.

Decided September 29, 1980.

Attorney(s) appearing for the Case

Norman K. Winslow, Salem, argued the cause for appellant. On the brief was Winslow & Alway, Salem.

Richard H. Allen, Salem, argued the cause for respondent. With him on the brief was Allen, Stortz, Barlow, Fox & Susee, Salem.

Before JOSEPH, P.J., and WARDEN and WARREN, JJ.

JOSEPH, Presiding Judge.

This is an action for damages for an alleged "overcharge" of attorney's fees and trustee's fees in a trust deed foreclosure proceeding. Plaintiff is the obligor on the promissory note and trust deed in question. Defendant, an attorney, acting as trustee and attorney for the trustee, initiated a statutory foreclosure by advertisement and sale after the trust deed obligation had fully matured. After defendant had substantially completed the...

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