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W.L. BOSTWICK FAMILY TRUST v. MAGLIOCCO

No. 81-394-1; CA A26701.

667 P.2d 1044 (1983)

64 Or.App. 305

WARREN L. BOSTICK FAMILY TRUST AND WARREN L. BOSTICK, Dba Shasta View Properties, a Co-Partnership, Respondents, v. Emil MAGLIOCCO, Jr.; Joseph Copeland, David Kaplan and H. Paul Schwadel, Appellants, John B. Cella, II and Howard M. Downs, Defendants.

Court of Appeals of Oregon.

Decided August 10, 1983.

Attorney(s) appearing for the Case

Donald R. Crane, Klamath Falls, argued the cause for appellants. With him on the briefs was Crane & Bailey, Klamath Falls.

George Proctor, Klamath Falls, argued the cause for respondents. With him on the brief was Proctor, Puckett & Fairclo, Klamath Falls.

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

YOUNG, Judge.

Defendants1 appeal a summary judgment in favor of plaintiffs on a promissory note which ordered the foreclosure of a mortgage on land securing the note. Defendants contend: (1) the affidavits and documents in support of the motion are insufficient under ORCP 47; (2) plaintiffs are not entitled to an award of attorney fees under ORCP 68 C; and (3), in any event, the award is excessive.

Plaintiffs alleged, inter...

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