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NAPOLSKI v. CHAMPNEY

SC 29204; CA A23774.

667 P.2d 1013 (1983)

295 Or. 408

Alfred NAPOLSKI, Respondent On Review, v. Claude CHAMPNEY, Defendant, Lou Champney, Petitioner On Review.

Supreme Court of Oregon.

Decided July 26, 1983.

Attorney(s) appearing for the Case

David Morrison, Oregon Legal Services Corp., Roseburg, and Michael H. Marcus, Legal Aid Service, Portland, argued the cause and filed the brief for petitioner on review.

David A. Hilgemann, Salem, argued the cause for respondent on review. On the brief was Donald S. Kelley and Luoma, Kelley, Wolke & Mays, Roseburg.

Before LENT, C.J., and PETERSON, CAMPBELL, ROBERTS, CARSON and JONES, JJ.

ROBERTS, Justice.

This is a Forcible Entry and Wrongful Detainer (FED) action brought by a landlord for nonpayment of rent. See ORS 105.105 et seq. The tenant filed an answer and counterclaims, and tendered into court the amount of rent she considered due. The question presented is whether the landlord is entitled to take possession if the amount of rent adjudged due exceeds the sum awarded the tenant on the counterclaim even though it does not exceed...

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