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WEBER v. GALTON

A8903-01221; CA A64190.

824 P.2d 1166 (1992)

111 Or.App. 33

Cynthia WEBER, Fka Cynthia Galton, Appellant, v. Sidney Alan GALTON, Respondent, and First Interstate Bank of Oregon, a National Banking Association, Defendant.

Court of Appeals of Oregon.

Decided January 22, 1992.

Attorney(s) appearing for the Case

Dana R. Taylor, Portland, argued the cause for appellant. With him on the briefs was Hagen, Dye, Vial & Hirschy, P.C., Portland.

Charles F. Hinkle, Portland, argued the cause for respondent. With him on the brief were Sidney A. Galton and Stoel, Rives, Boley, Jones & Grey, Portland.

Before BUTTLER, P.J., and ROSSMAN and De MUNIZ, JJ.

ROSSMAN, Judge.

This is an action to partition real property under ORS 105.205 et seq. Although a division of the proceeds of the sale of the property was originally provided for in the judgment of dissolution, this appeal is from the third proceeding initiated by wife to force a sale of the property. She appeals from a summary judgment given on the ground that her action is barred by collateral estoppel and res judicata and from an order granting husband...

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