MATTER OF MARRIAGE OF ELTZROTH

No. D8105-63923; CA A28919.

679 P.2d 1369 (1984)

67 Or.App. 520

In the matter of the Marriage of Carla Mae ELTZROTH, Appellant, and Hal Edward Eltzroth, Respondent.

Court of Appeals of Oregon.

Decided April 4, 1984.


Attorney(s) appearing for the Case

Richard G. Helzer, Portland, argued the cause and filed the brief for appellant.

No appearance for respondent.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


WARREN, Judge.

Wife appeals the trial court's denial of a motion made pursuant to ORCP 71 B(1)(c) to set aside a decree of divorce and the incorporated property settlement agreement on the grounds of breach of fiduciary duty and misrepresentation. We reverse as to the property provisions of the decree and otherwise affirm.

The parties were married in 1962 and had two children. In the spring of 1981, they began discussing the terms of a divorce and retained...

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