RENNIE v. POZZI

TC A7803-03703; CA 19044; SC 28521.

656 P.2d 934 (1982)

294 Or. 334

Richard RENNIE, As Administrator of the Estate of Eugene David Rennie, Petitioner On Review, v. Frank H. POZZI, Donald P. Wilson, Donald N. Atchison, Garry L. Kahn and Daniel O'Leary, a Partnership; and David Hytowitz, Stephen Winfree and William L. Dickson, Respondents On Review.

Supreme Court of Oregon, In banc.

Decided December 30, 1982.


Attorney(s) appearing for the Case

Magar E. Magar, Portland, argued the cause and filed the briefs for petitioner on review.

Elizabeth K. Reeve, Portland, argued the cause for respondents on review. With her on the petition was Schwabe, Williamson, Wyatt, Moore & Roberts, Ridgway K. Foley, Jr. and Kenneth E. Roberts, Portland.


ROBERTS, Justice.

We accepted review of these companion cases (see Rennie v. Freeway Transport, 294 Or. 334, 656 P.2d 919 (1982)) to address an issue common to both: Where an action on behalf of a decedent's estate was timely commenced by one who had been appointed personal representative, but whose appointment was set aside and "held for naught" after...

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