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FEDERAL SAVINGS & LOAN INS. CORP. v. JOHNSON

No. L87-3020; CA A49040.

776 P.2d 24 (1989)

97 Or.App. 250

THE FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION IN ITS CAPACITY AS RECEIVER FOR UMPQUA SAVINGS AND LOAN ASSOCIATION, an Oregon Chartered Savings and Loan Association, Respondent, v. Harold F. JOHNSON, Individually and d/b/a Ore/Del Investments; and Ore/Del Investments Ltd., an Oregon Limited Partnership, Appellants, and Robert Womack and Kenda C. Womack d/b/a Arc Rainbow Enterprises; Hdg Enterprises, Inc., d/b/a Modern Floor Covering Co.; David H. Eichman, D.D.S.; and Patrick DeCato d/b/a Pacific Northwest Software, Defendants.

Court of Appeals of Oregon.

Decided June 14, 1989.

Attorney(s) appearing for the Case

Margaret E. Dailey, Roseburg, argued the cause for appellants. With her on the briefs was Cegavske & Associates, P.C.

James N. Westwood, Portland, argued the cause for respondent. With him on the brief were Dennis P. Rawlinson, Kimberly K. Tellin and Miller, Nash, Wiener, Hager & Carlsen, Portland.

Before GRABER, P.J., and RIGGS and EDMONDS, JJ.

EDMONDS, Judge.

Defendants Johnson and Ore/Del Investments Ltd. appeal from a summary judgment in favor of plaintiff. Only one of defendants' six assignments of error merits discussion, and we affirm.1

Plaintiff brought this action for a judicial foreclosure of a commercial trust deed executed by defendants. Defendants filed an answer that included an affirmative defense of set-off.2 Plaintiff moved...

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