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SCHNITZER v. STATE FARM LIFE INS. CO.

A8610-06494; CA A46767.

773 P.2d 387 (1989)

96 Or.App. 409

Dr. Leonard SCHNITZER, Appellant-Cross-Respondent, v. STATE FARM LIFE Insurance Company, an Illinois Corporation, Respondent-Cross-Appellant, and Orbanco Real Estate Services Co., Fka Columbia Mortgage Co., an Oregon Corporation, Respondent-Cross-Appellant.

Court of Appeals of Oregon.

Decided May 10, 1989.

Attorney(s) appearing for the Case

Mark C. Rutzick, Portland, argued the cause for, appellant-cross-respondent. With him on the briefs was Preston, Thorgrimson, Ellis & Holman, Portland.

Gary Roberts, Portland, argued the cause and filed the brief for respondent-cross-appellant, State Farm Life Ins. Co. With him on the brief was Grebe, Gross, Peek, Osborne & Dagle, P.C., Portland.

Bennett H. Goldstein, Portland, argued the cause for respondent-cross-appellant, Orbanco Real Estate Services Co. With him on the briefs were Kenneth P. Childs and Stoel Rives Boley Jones & Grey, Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

Plaintiff brought this action seeking a declaration that he is entitled to prepay a promissory note that lacked the statutory notice allegedly required by ORS 82.170, for an injunction enjoining defendants from refusing to accept prepayment, and for damages. After trial, the court reformed the note to conform to the antecedent agreement of the parties, as a result of which the note did not comply with ORS 82.170; the court refused, on equitable...

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