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HORTON v. WHITEHILL

9103-01735; CA A73497.

854 P.2d 977 (1993)

121 Or. App. 336

Ray HORTON and Madison Agency, Inc., an Oregon corporation, Appellants—Cross-Respondents, v. Gina WHITEHILL, Respondent—Cross-Appellant, and Madison Agency, Inc., an Oregon corporation, Defendant— Cross-Appellant. MADISON AGENCY, INC., an Oregon corporation, Appellant—Cross-Respondent, v. Gina WHITEHILL, Respondent— Cross-Appellant.

Court of Appeals of Oregon.

Decided June 23, 1993.

Attorney(s) appearing for the Case

Bert E. Joachims, Portland, argued the cause and filed the briefs for appellants—cross-respondents.

W. Theodore Guthrie, Portland, argued the cause for respondent—cross-appellant Whitehill and cross-appellant Madison Agency, Inc. With him on the brief were Peggy S. Foraker and Pfister & Tripp, P.C., Portland.

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

EDMONDS, Judge.

Ray Horton, plaintiff, appeals and, Gina Whitehill, defendant, cross-appeals from a judgment1 denying recovery on reciprocal claims of breach of fiduciary duty to Madison Agency, Inc., a corporation. On de novo review, we reverse.

Plaintiff and defendant began working together in 1987 and, in January, 1988, they incorporated as the Madison Agency, Inc. (Madison)...

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