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SERBICK v. TIMPTE-PACIFIC, INC.

A8301-00625; CA A39120.

746 P.2d 1167 (1987)

88 Or.App. 633

Larry A. SERBICK, Respondent-Cross-Appellant, v. TIMPTE-PACIFIC, INC., an Oregon Corporation, Mount Trailer Co., an Oregon Corporation, and Hugh S. Mount, Appellants-Cross-Respondents, v. Robert Serbick, Respondent.

Court of Appeals of Oregon.

Decided December 9, 1987.

Attorney(s) appearing for the Case

Claudia Michelle Larkins, Portland, argued the cause, for appellants-cross-respondents. With her on the briefs were E. Sean Donahue, and Ragen, Roberts, Tremaine, Krieger, O'Scannlain & Neill, Portland.

Fred B. Miller, Portland, argued the cause and filed the briefs, for respondent-cross-appellant and respondent.

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

DEITS, Judge.

Plaintiff brought this shareholder derivative action, seeking an accounting, a constructive trust and restitution.1 The trial court found that defendant Mount had transferred Timpte-Pacific's assets, in violation of ORS 57.595,2 determined that, at the date of its closing, Timpte-Pacific had a net value of $40,000 and entered judgment for plaintiff for...

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