ROWE v. BANK OF THE CASCADES

No. 31574; CA A26980.

683 P.2d 93 (1984)

Richard J. ROWE and Cynthia J. Rowe, Husband and Wife, Appellants, v. BANK OF THE CASCADES, an Oregon Corporation, Respondent.

Court of Appeals of Oregon.

Argued and Submitted October 14, 1983.


Attorney(s) appearing for the Case

Greg O'Neil, Bend, argued the cause for appellant. On the briefs was Mark S. Snyder, Bend.

Martin E. Hansen, Bend, argued the cause for respondent. With him on the brief was Johnson, Marceau, Karnopp & Petersen, Bend.

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


BUTTLER, Presiding Judge.

Plaintiffs appeal a summary judgment for defendant in their statutory action for unlawful debt collection. ORS 646.639. The trial court concluded that, even accepting plaintiffs' version of the transaction, the debt did not arise out of a consumer transaction. Although we agree with the trial court as to a part of plaintiffs' claim, we conclude that there is a genuine issue of fact as to the other part and reverse.

In October, 1980...

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