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LINDGREN v. BERG

TC A8308-05244; CA A36918; SC S35015.

772 P.2d 1336 (1989)

307 Or. 659

Paul E. LINDGREN and Eric W. Lindgren, Petitioners On Review, v. Arthur H. BERG, Respondent On Review, Ron L. Sundholm, Doris Meyer, and U.S. Escrow Corporation, a Corporation, Defendants.

Supreme Court of Oregon.

Argued and Submitted December 6, 1988.

Attorney(s) appearing for the Case

Susan R. Swanson, Portland, argued the cause for petitioners on review. With her on the petition was Hampson, Bayless, Murphy & Stiner, Portland.

Rex Armstrong, Portland, argued the cause for respondent on review. With him on the response was Bogle & Gates, Portland.

Before PETERSON, C.J., and LINDE, CARSON, JONES, GILLETTE, and VAN HOOMISSEN, JJ.

VAN HOOMISSEN, Justice.

The issue is whether a release signed by plaintiffs bars them from litigating whether the release itself was induced by defendant Berg's fraud.1 The trial court found that although the release was valid, it did not bar plaintiffs' claims. The Court of Appeals reversed, holding that the release bars plaintiffs' claims and that the trial court erred in denying Berg's motion for a directed verdict. Lindgren v. Berg...

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