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IN THE MATTER OF MARRIAGE OF BATES

9318; CA A37929.

737 P.2d 973 (1987)

85 Or.App. 614

In the matter of the Marriage of Earl F. Bates, Respondent, and Barbara A. Masvidal, Appellant.

Court of Appeals of Oregon.

Decided June 10, 1987.

Attorney(s) appearing for the Case

Michael A. Yates, Portland, argued the cause for appellant. With him on the appellant's brief was Gevurtz & Menashe, P.C., Portland. With him on the appellant's reply brief was Meyer, Habernigg & Wyse, Portland.

Frederick T. Smith, Portland, argued the cause and filed the brief for respondent.

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

BUTTLER, Presiding Judge.

Wife appeals from a dissolution judgment, contending that the trial court improperly incorporated a marital settlement agreement into the judgment. Husband has moved to dismiss the appeal on the ground that wife has accepted the benefits of the judgment and, therefore, has waived her right to appeal. We agree and dismiss the appeal.

Before the parties were married in 1974, they executed a prenuptial agreement that provided, among...

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