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HAAG v. CEMBELLIN

C83-7-106; CA A38553.

748 P.2d 143 (1987)

89 Or.App. 75

Roger HAAG and Patricia Haag, Husband and Wife, Respondents, v. Frank M. CEMBELLIN and Gladys Cembellin, Husband and Wife, Third-Party Plaintiffs-Appellants. Floyd James and James Realty, Third-Party Plaintiffs-Respondents, v. Judy Benz, Third-Party Defendant-Respondent.

Court of Appeals of Oregon.

Decided December 23, 1987.

Reconsideration Denied February 12, 1988.

Review Denied March 1, 1988.

Attorney(s) appearing for the Case

Jacob Tanzer, Portland, argued the cause for appellants. With him on the brief were Ball, Janik & Novack, and Grant, Ferguson, Carter, P.C., Portland.

Harry A. Slack, Jr., Coquille, argued the cause for respondents Roger Haag and Patricia Haag. With him on the brief was Slack, Stone and Gillespie, Coquille.

John R. Coutrakon, and Coutrakon & Babin, P.C., Brookings, filed the brief for respondent Judy Benz.

No appearance for respondents Floyd James and James Realty.

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

DEITS, Judge.

Plaintiffs, Mr. and Mrs. Haag, brought this action against defendants, Mr. and Mrs. Cembellin, for intentional fraud and violation of the Unlawful Trade Practices Act (UTPA) in connection with the sale of real property.1 The jury returned a verdict for the Haags on both claims, awarding general damages of $11,000 and punitive damages of $33,000. The Cembellins appeal and assign errors to the trial court's denial of their...

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