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GERKE v. BURTON ENTERPRISES, INC.

87-1-0009 CV; CA A68061.

826 P.2d 115 (1992)

111 Or.App. 613

John F. GERKE and Ann R. Gerke, Husband and Wife, Appellants, v. BURTON ENTERPRISES, INC., an Oregon Corporation; Robert Burton and Dawn Burton, Husband and Wife; James V. Cottrell and Nancy M. Cottrell, Husband and Wife; Herschel A. Leatherbury and Marguerite Leatherbury, Husband and Wife; Kalberer Hotel Supply Co.; Administrative Services Corp., an Oregon Corporation; United States National Bank of Oregon, Redmond Branch; Wegroup, P.C., an Oregon Professional Corporation; C. Spencer Powell, John P. Totten, Dba Powell, Totten & Co.; Luvass, Cobb, Richards & Fraser, P.C.; and Ferder, Ogdahl, Brandt & Thompson, Attorneys at Law, Defendants, and Alexander Albertine and Berndette Albertine, Husband and Wife, Respondents.

Court of Appeals of Oregon.

Decided February 26, 1992.

Attorney(s) appearing for the Case

Roy Kilpatrick, Mt. Vernon, argued the cause for appellants. With him on the brief were Kilpatricks Lawyers, Mt. Vernon, and Marvin Nepom, Portland.

John A. Berge, Bend, argued the cause for respondents. With him on the brief was Gray, Fancher, Holmes, Hurley, Bryant & Lovlien, Bend.

Before RICHARDSON, P.J., and DEITS and DURHAM, JJ.

DURHAM, Judge.

In 1981, the Gerkes bought a hotel in John Day from the Burtons. They executed a land sale contract and a related covenant not to compete. They, their predecessors in interest and their creditors have been in litigation ever since. See Gerke v. Burton Enterprises, Inc., 80 Or.App. 714, 723 P.2d 1061, rev. den. 302 Or. 299, 728 P.2d 532 (1986) (Gerke I); Gerke v...

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