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BIVENS v. HANCOCK

81-06-17,469-L; CA A27084.

692 P.2d 153 (1984)

71 Or.App. 273

David BIVENS, Helen Bivens, C.H. Munsterman, Betty Munsterman, and Annie Garrett, Respondents, v. Donald E. HANCOCK and Alvina Hancock, Appellants, Vale Livestock Auction Co., Defendant.

Court of Appeals of Oregon.

Decided December 5, 1984.

Attorney(s) appearing for the Case

Stephen B. Fonda, Nyssa, argued the cause for appellants. With him on the briefs was Stunz, Fonda, Pratt & Nichols, Nyssa.

William F. Schroeder, Vale, argued the cause and filed the brief for respondents.

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

BUTTLER, Presiding Judge.

Plaintiffs were guarantors on a statutorily required livestock agency bond issued to Vale Livestock Auction Co. (Vale Livestock) by Merchants Mutual Bonding Company. After Vale Livestock's default, the bonding company brought an action in federal district court against plaintiffs on their guarantees. Satisfactions were given on judgments against both plaintiffs Bivens and Munsterman on October 8, 1980, and a dismissal due to compromise was...

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