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KETCHAM v. SELLES

TC 85-678-CV; CA A39458; SC S34058.

748 P.2d 67 (1987)

304 Or. 529

Ronald M. KETCHAM, Respondent On Review, v. George W. SELLES and Elaine B. Selles, Husband and Wife, Petitioners On Review, Steve Carson and Joanne Carson, Husband and Wife, Respondents.

Supreme Court of Oregon, In Banc.

Decided December 22, 1987.

Reconsideration Denied January 29, 1988.

Attorney(s) appearing for the Case

William H. Walters, Portland, argued the cause and filed the petitions on behalf of the petitioners on review. With him on the petitions were Miller, Nash, Wiener, Hager & Carlsen and James N. Westwood, Portland.

David V. Gilstrap, Ashland, argued the cause and filed the response on behalf of the respondent on review, Ronald M. Ketcham.

William M. Ganong, Klamath Falls, filed the response on behalf of respondents Steve and Joanne Carson.

GILLETTE, Justice.

Plaintiff Ketcham (plaintiff) appealed to the Court of Appeals from a judgment dismissing his action for replevin of a rock screening plant and for reasonable rent during the time that defendants Selles (defendants) retained possession of the plant. The plant had been the subject of an earlier sheriff's sale to defendants, based on the judgment in a preceding case. The trial court allowed defendants' motion for summary judgment on the ground that...

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