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HOLLAND DEVELOPMENTS v. MFR. CONSULTANTS

A8409-05536; CA A43433.

756 P.2d 1280 (1988)

91 Or.App. 80

HOLLAND DEVELOPMENTS, Ltd., a British Columbia Corporation, Appellant, v. MANUFACTURERS CONSULTANTS, Inc., an Oregon Corporation, Glenn Billwiller, a Canadian Citizen, and Frank Smith, an Oregon Citizen, Respondents.

Court of Appeals of Oregon.

Decided July 6, 1988.

Attorney(s) appearing for the Case

Rick T. Haselton, Portland, argued the cause for appellant. With him on the briefs were Carl R. Neil, and Lindsay, Hart, Neil & Weigler, Portland.

Frank J. Susak, Portland, argued the cause and filed the brief for respondents.

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

DEITS, Judge.

Plaintiff, a British Columbia corporation (Holland), appeals from a judgment denying its motion for disbursement of supersedeas funds and granting a motion by defendants Manufacturers Consultants, Inc. (MCI), Billwiller and Smith to satisfy the judgment against them by an equitable offset against a related federal court judgment in their favor. We reverse.

On April 8, 1985, an Oregon trial court awarded judgment in favor of Holland in an action...

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