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SHLIM v. CHARAPATA, INC.

82-4149; CA A39363.

741 P.2d 895 (1987)

87 Or.App. 104

Sylvia L. SHLIM, Appellant, v. CHARAPATA, INC., an Oregon Corporation, Defendant, and Cml, Inc., an Oregon Corporation, and Michael Mills, Respondents.

Court of Appeals of Oregon.

Decided August 26, 1987.

Attorney(s) appearing for the Case

John H. Heald, Portland, argued the cause for appellant. With him on the brief was Zikes, Kayser, Freed, Smith & Heald, P.C., Portland.

Michael D. Mills, Salem, and Mills & McMillin, Salem, waived appearance for respondent CML, Inc.

Edward L. Clark, Jr., and Clark, Marsh, et al., Salem, waived appearance for respondent Mills.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

YOUNG, Judge.

Plaintiff initiated garnishment proceedings against garnishees CML, Inc. (CML), and Mills, an attorney. The trial court dismissed the proceedings. Plaintiff challenges only the dismissal of garnishee CML. We reverse.

In 1971, plaintiff leased a nursing home to defendant Charapata, Inc., (Charapata), which later sublet to CML. Charapata defaulted on its lease obligations, and plaintiff obtained a judgment against it for $34,543.58. Plaintiff served...

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