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DUTY v. FIRST STATE BANK OF OREGON

A8012-06790; CA A28186.

693 P.2d 1308 (1985)

71 Or.App. 611

Joyce DUTY, Appellant, v. FIRST STATE BANK OF OREGON, Respondent, Don Frank Co., Inc. and James Duty, Defendants. Joyce Duty, Respondent — Cross-Appellant, Appellant, v. First State Bank of Oregon, Respondent, Don Frank Co., Inc., Appellant — Cross-Respondent, and James Duty, Defendant.

Court of Appeals of Oregon.

Decided January 9, 1985.

Reconsideration Denied February 22, 1985.

Attorney(s) appearing for the Case

Theodore S. Bloom, Portland, argued the cause for appellant, respondent, cross-appellant Joyce Duty. With him on briefs were Michael H. Bloom, and Bloom, Marandas & Sly, Portland.

Marvin S. Nepom, Portland, argued the cause and filed the briefs for appellant — cross-respondent Don Frank Co., Inc.

J.P. Graff, Portland, argued the cause for respondent First State Bank of Or. With him on brief was Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

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

WARREN, Judge.

Plaintiff brought this action to recover $50,427, which she claims is due her as named beneficiary on a policy insuring her late husband Don Duty's life. Her husband had assigned the policy as collateral security to the Community Bank (predecessor in interest to defendant First State Bank of Oregon, hereinafter referred to as Bank), which received the proceeds. Plaintiff claims that Bank misapplied the proceeds...

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