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U.S. NATIONAL BANK v. MILLER

A8209-05854; CA A31717.

703 P.2d 246 (1985)

74 Or.App. 405

United States NATIONAL BANK of Oregon, a National Banking Association, As Personal Representative of the Estate of Hazel P. Lipe, Deceased, Appellant, v. Michael H. MILLER and Mary C. Miller, Respondents.

Court of Appeals of Oregon.

Decided July 17, 1985.

Attorney(s) appearing for the Case

Brad Littlefield, Portland, argued the cause for appellant. With him on briefs was Goldsmith, Siegel, Engel & Littlefield, Portland.

John Folawn, Portland, argued the cause for respondents. With him on brief was Holmes, DeFrancq & Schulte, P.C., Portland.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

RICHARDSON, Presiding Judge.

Plaintiff, the personal representative of the estate of Hazel Lipe, brought an action for money had and received against defendants who, are husband and wife. The trial court granted defendants' motion for summary judgment. We reverse and remand.

We draw the facts from the affidavits and depositions in the record. Mrs. Lipe died in December, 1981, at the age of 94. Mrs. Miller had met her in February, 1975. At that time, Mrs. Miller...

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