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McDONALD v. U.S. NATIONAL BANK

A8811-06347; CA A66109.

830 P.2d 618 (1992)

113 Or. App. 113

Thomas McDONALD and William McDonald, Appellants-Cross-Respondents, v. UNITED STATES NATIONAL BANK OF OREGON, a national banking corporation, Respondent-Cross-Appellant.

Court of Appeals of Oregon.

Decided May 13, 1992.

Attorney(s) appearing for the Case

Randall Vogt, Portland, argued the cause for appellants-cross-respondents. With him on the briefs was Parker & Vogt, Portland.

William H. Walters, Portland, argued the cause for respondent-cross-appellant. With him on the briefs were Peter C. Richter and Miller, Nash, Wiener, Hager & Carlsen, Portland.

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

EDMONDS, Judge.

Plaintiffs appeal a judgment on a directed verdict that dismissed their negligence claim against defendant, ORCP 60, and defendant cross-appeals the denial of its request for reimbursement of attorney fees. We affirm on the appeal and reverse on the cross-appeal.

Plaintiffs were beneficiaries of a trust administered by defendant. The trust owned real property about which the City of Depoe Bay and Lincoln County conducted

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