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CURRY v. SKIPANON INVESTMENTS

CC 83-490; CA A38021.

732 P.2d 959 (1987)

83 Or.App. 694

Robert T. CURRY, Respondent, v. SKIPANON INVESTMENTS Oregon Ltd.; William Weller; James Dykes; Keith Cook; Irving E. Ott; Thelma Irene Ott, Defendants, Robert Jarvis and James Jarvis, Appellants.

Court of Appeals of Oregon.

Decided February 18, 1987.

Attorney(s) appearing for the Case

Michael J. Gentry, Portland, argued the cause for appellants. With him on brief was Tooze Marshall Shenker Holloway & Duden, Portland.

Jeffrey R. Spere, Portland, argued the cause and filed the brief for respondent. With him on brief was Sussman, Shank, Wapnick, Caplan & Stiles, Portland.

Before RICHARDSON, P.J., and WARREN and DEITS, JJ.

PER CURIAM.

Plaintiff contends that his interest as the purchaser of submerged real property at a trust deed foreclosure sale gives him effective title to certain docks which are located on the property and in which defendants Jarvis1 hold a UCC security interest which predates the execution of the trust deed. The only issue is whether the docks are fixtures, in which event plaintiff prevails, or personal property, in which event defendants...

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