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FREMONT INDEM. CO. v. CORBETT

No. 39-981; CA A26514.

675 P.2d 1097 (1984)

66 Or.App. 668

FREMONT INDEMNITY COMPANY, Appellant, v. Robert Arnold CORBETT and Sonia Gamble Aka Sonia Corbett, Defendants, v. David D. Potter and Freda E. Potter, Respondents.

Court of Appeals of Oregon, In Banc.

Resubmitted in banc December 1, 1983.

Decided January 25, 1984.

Reconsideration Denied April 6, 1984.

Attorney(s) appearing for the Case

Floyd Hinton, Portland, argued the cause for appellant. With him on briefs was Deich & Hinton, Portland.

Janice M. Stewart, Portland, argued the cause for respondents. With her on the brief was McEwen, Hanna, Gisvold, Rankin & Van Koten, Portland.

John M. Junkin, Acting County Counsel, Washington County, Hillsboro, filed a brief amicus curiae for Washington County.

WARDEN, Judge.

Plaintiff, an insurer, filed this action on August 14, 1979, to impose a constructive trust on real property which defendant Gamble purchased with funds given her by defendant Corbett. Corbett had obtained the funds from plaintiff through a fraudulent insurance claim. On August 16, 1979, Gamble executed a deed conveying the property to Richard Pierce. The next day, Gamble was served with a summons and a copy of plaintiff's complaint in this action....

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