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KILGORE v. SULLIVAN

101250; CA A34738.

717 P.2d 1220 (1986)

78 Or.App. 631

Claude M. KILGORE, Respondent-Cross-Appellant, v. Dempsy Dallas SULLIVAN, Mary Marjorie Sullivan, Thomas R. Connell, Jr., Barbara B. Sullivan, Dallene Sullivan Connell, and D.D. Sullivan, Inc., an Oregon Corporation, Appellants-Cross-Respondents.

Court of Appeals of Oregon.

Decided April 16, 1986.

Attorney(s) appearing for the Case

Malcolm L. Brand, Salem, argued the cause for appellants-cross-respondents. With him on brief was Paulus, Rhoten, Brand, Lien & McDonough, Salem.

Albert P. Depenbrock, Salem, argued the cause for respondent-cross-appellant. With him on brief was Depenbrock and Wilson, P.C., Salem.

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

WARREN, Judge.

Plaintiff commenced this action for an accounting, alleging that he and defendant Sullivan1 had formed a partnership, which Sullivan terminated in 1973. Plaintiff contended that he was entitled to one-half of the assets of the corporation which succeeded the partnership in the operation of the business, Kilroy's Mobile Sales. The trial was bifurcated. The trial court first held a trial to determine whether a partnership...

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