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DRY CANYON FARMS v. U.S. NAT. BANK OF OREGON

32709; CA A36147.

735 P.2d 620 (1987)

84 Or.App. 686

DRY CANYON FARMS, Inc., an Oregon Corporation, Respondent, v. UNITED STATES NATIONAL BANK OF OREGON, a National Banking Association, Respondent, and Full Circle, Inc., an Oregon Corporation, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted February 4, 1987.

Decided April 15, 1987.

Attorney(s) appearing for the Case

Douglas A. Shepard, Madras, argued the cause for appellant. On the briefs were James W. Laws and Shepard & Laws, Madras.

Terrence B. O'Sullivan, Bend, argued the cause for respondent Dry Canyon Farms, Inc. With him on the brief was Merrill and O'Sullivan, Bend.

No appearance for respondent U.S. Nat. Bank of Oregon.

Resubmitted In Banc February 4, 1987.

WARREN, Judge.

Plaintiff brought this declaratory judgment action to establish the validity and enforceability of defendant United States National Bank's (Bank) security interest in $80,144 in cash proceeds from plaintiff's 1981 seed crop that had been in the possession of defendant Full Circle, Inc. (defendant). Defendant asserted that it was entitled to the money; in the alternative, it counterclaimed for a judgment...

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