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HOLLEN v. FITZWATER

84-9-113; CA A73127.

865 P.2d 1298 (1993)

125 Or. App. 288

Joyce L. HOLLEN, Appellant, v. Wesley D. FITZWATER, Personal Representative of the Estate of Kenneth Otto Valberg, Deceased, Valberg Building Materials, Inc., an Oregon corporation, Jack K. Valberg, James D. Valberg and Gary Valberg, Respondents, and Raymond R. Reif, former Personal Representative of the Estate of Kenneth Otto Valberg, Deceased, Respondent below.

Court of Appeals of Oregon.

Decided December 15, 1993.

Attorney(s) appearing for the Case

James Cartwright argued the cause and filed the briefs for appellant.

Michael G. Hanlon argued the cause for respondents Valberg Building Materials, Inc., Jack K. Valberg, James D. Valberg and Gary Valberg. With him on the brief was David R. Ambrose & Associates, P.C.

No appearance by respondent Wesley D. Fitzwater.

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

WARREN, Presiding Judge.

Plaintiff appeals a judgment imposing a constructive trust on land to which she holds legal title. On de novo review, we conclude that defendants did not prove the elements of a constructive trust and reverse.

Plaintiff was married to Valberg, who was the majority shareholder and president of Valberg Building Materials (VBM). Plaintiff was VBM's corporate secretary. VBM owned various properties and businesses. Sometime in 1968...

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