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FIRST INTERSTATE BANK v. HAYNES

33332; CA A40844.

743 P.2d 1139 (1987)

87 Or.App. 700

In the matter of the Estate of Marie Morris Chin, Deceased. FIRST INTERSTATE BANK of Oregon, N.A., Appellant, v. Frederick Lewis HAYNES, Respondent, and Marion B. Embick, Defendant.

Court of Appeals of Oregon.

Decided October 14, 1987.

Attorney(s) appearing for the Case

Paul J. De Muniz, Salem, argued the cause for appellant. With him on briefs was Garrett, Seideman, Hemann, Robertson & De Muniz, P.C., Salem.

Sandra Smith Gangle, Salem, argued the cause for respondent. With her on brief was Depenbrock, Gangle & Naucler, Salem.

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

ROSSMAN, Judge.

Plaintiff First Interstate Bank (Bank), appeals from an order granting defendant Haynes' motion to strike Bank's petition to reopen the estate of Marie Morris Chin (Chin). The issues are whether the order is appealable and, if so, whether the petition is barred by res judicata. We conclude that the order is appealable and that the petition is barred. Accordingly, we affirm.

This action is Bank's third attempt to recover $20,590 in Social...

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