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PEDRO v. KIPP

A8309-05627; CA A36884.

735 P.2d 651 (1987)

84 Or.App. 44

Richard J. PEDRO and Sandra V. Pedro, Respondents, v. William H. KIPP, Jr., Jacqueline Kipp, Thomas M. Landye and Evan Solley, Appellants.

Court of Appeals of Oregon.

Decided April 22, 1987.

Reconsideration Denied June 12, 1987.

Attorney(s) appearing for the Case

Frank J. Susak, Portland, argued the cause and filed the briefs for appellants.

Marc Zwerling, Portland, argued the cause for respondents. With him on the brief was Dan LaRue, Portland.

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

BUTTLER, Presiding Judge.

Plaintiffs brought this action to enforce a personal guaranty of a lease and to void a fraudulent conveyance of real property if they prevailed on the guaranty. Summary judgment was granted in favor of plaintiffs against defendant Landye, who appeals from the ensuing final judgment against him. ORCP 67 B. We affirm.

The parties have stipulated to the material facts. In 1982, plaintiffs leased commercial

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