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MILLER v. GASSNER

No. A79-03-01294; CA 17168.

632 P.2d 1318 (1981)

53 Or.App. 647

Harold D. MILLER and Judy L. Miller, Husband and Wife, Appellants, v. Arlo C. GASSNER and Hazel G. Gassner, Husband and Wife, and Sylvia Kraljev, Respondents.

Court of Appeals of Oregon.

Decided August 24, 1981.

Attorney(s) appearing for the Case

James A. Cox, Lake Oswego, argued the cause for appellants. With him on the brief was Richard J. Geisert, Lake Oswego.

Thomas K. Hooper, Portland, argued the cause for respondents Gassner. With him on the brief were William P. Hutchison, Jr., and Hutchinson, Hutchison & Hooper, Portland.

Robert E. Martin, Portland, waived appearance for respondent Kraljev.

Before GILLETTE, P.J., and ROBERTS and YOUNG, JJ.

YOUNG, Judge.

This action for specific performance was tried as a companion case to Wallstreet Properties v. Gassner, 53 Or.App. 650, 632 P.2d 1310 (1981). Both actions arose out of a contemplated three-way, tax-deferred exchange of real property.

On December 5, 1977, defendants Gassner executed an earnest money agreement to sell their apartment complex to plaintiffs. Plaintiffs...

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