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KLENKE v. CLEEK

88-285 CV, 88-336 CV; CA A68062 (Control); CA A68063.

864 P.2d 1350 (1993)

125 Or. App. 222

Orval Roy KLENKE, Appellant, v. Della Lorene CLEEK, Personal Representative of the Estate of Donald Leroy Cleek, deceased, Respondent. Della CLEEK, Respondent, v. Orval KLENKE, Appellant, and Delos Parks, and South Valley State Bank, an Oregon banking corporation, Defendants.

Court of Appeals of Oregon.

Decided December 8, 1993.

Attorney(s) appearing for the Case

Del Parks, Jr., Klamath Falls, argued the cause for appellant. With him on the briefs were Michael Ratliff and Parks & Ratliff.

Donald R. Crane, Klamath Falls, argued the cause for respondent. With him on the brief was Crane & Foltyn.

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

DURHAM, Justice.

In these consolidated actions arising out of a partnership dissolution, plaintiff appeals from both judgments.1 We affirm in part and reverse in part.

Plaintiff and Cleek were business partners for many years before Cleek's death in 1988. Their business and personal affairs throughout that time were commingled and were carried on the partnership books and records in what can best be described as an undifferentiated...

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