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HARPER v. SIZEMORE-BURKE, P.C.

A8511-06935; CA A70690.

838 P.2d 1106 (1992)

115 Or. App. 502

Pearl HARPER, Margilee Laborde and Richard Greening, Trustees of the Testamentary Trust of Harry Ludwig, Deceased, Appellants, v. SIZEMORE-BURKE, P.C., an Oregon professional corporation, and Bradford T. Burke, Defendants, and Oregon State Bar Professional Liability Fund, Respondent.

Court of Appeals of Oregon.

Decided October 14, 1992.

Reconsideration Denied December 30, 1992.

Attorney(s) appearing for the Case

Ferris F. Boothe, Portland, argued the cause and filed the briefs for appellants.

William G. Earle, Portland, argued the cause for respondent. With him on the brief were Angela M. Stewart and Hallmark, Keating & Abbott, P.C., Portland.

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

WARREN, P.J.

Plaintiffs, trustees of a testamentary trust, appeal from a summary judgment for Professional Liability Fund (PLF) that PLF has no obligation to pay the legal malpractice judgment that plaintiffs obtained against defendants. We affirm.

Plaintiffs obtained a default judgment against defendants for recovery of certain trust funds that defendants improperly withdrew from the trust account. Plaintiffs filed a writ of garnishment against PLF to recover...

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