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FIRST INTERSTATE BANK v. BROADWAY MALL

No. 232950; CA A28867.

682 P.2d 821 (1984)

68 Or.App. 587

The FIRST INTERSTATE BANK of Oregon, N.A., Trustee of the Snead Trust, Respondent, v. The BROADWAY MALL, Inc., Dba Broadway Mall Fish Market & Deli, Appellant.

Court of Appeals of Oregon.

Decided June 6, 1984.

Attorney(s) appearing for the Case

Brad Littlefield, Portland, argued the cause and submitted the brief for appellant.

Steven R. Smucker, Portland, argued the cause for respondent. With him on the brief were Morrison, Dunn, Carney, Allen & Tongue, Portland.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

NEWMAN, Judge.

Defendant appeals a judgment of restitution of the premises entered after the court struck all of its affirmative defenses. We affirm.

Plaintiff filed an FED action in November, 1982, to recover possession of a restaurant. Trial was set over twice on the basis of defendant's promise to pay $8,200 to meet current rental obligations. The parties then agreed to arbitrate. Defendant paid $5,132.16 to plaintiff...

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