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FIRST INTERSTATE BANK v. HAYNES

139479; CA A32123.

699 P.2d 1168 (1985)

73 Or.App. 714

FIRST INTERSTATE BANK of Oregon, N.A., Appellant, v. Frederick Lewis HAYNES, Respondent.

Court of Appeals of Oregon.

Decided May 22, 1985.

Attorney(s) appearing for the Case

Lee C. Nusich, Portland, argued the cause and filed the briefs for appellant.

Marion B. Embick, Salem, argued the cause and filed the brief for respondent.

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

WARREN, Judge.

This is an action against the residuary legatee of an estate for restitution of a portion of the amount paid to him by the estate. Plaintiff seeks the imposition of a constructive trust. The trial court denied plaintiff's motion for summary judgment and dismissed the action, because the complaint failed to state a claim and because plaintiff had failed to exercise its statutory remedies against the estate. Plaintiff assigns as error the dismissal of...

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