WOOD v. MEDICAL RESEARCH FOUND. OF OR.

9209-06767; CA A81149.

880 P.2d 952 (1994)

130 Or. App. 114

James A. WOOD, M.D. and Albert Starr, M.D., Respondents, v. MEDICAL RESEARCH FOUNDATION OF OREGON, an Oregon non-profit corporation, Defendant, and Oregon Health Sciences University, an Oregon State agency, Appellant.

Court of Appeals of Oregon.

Decided September 7, 1994.


Attorney(s) appearing for the Case

Robert M. Atkinson, Asst. Atty. Gen., argued the cause for appellant. With him on the briefs were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Gary Roberts, Portland, argued the cause for respondents. With him on the brief were Wayne A. Williamson, Elizabeth A. Schleuning and Schwabe, Williamson & Wyatt.

Before DEITS, P.J., and RIGGS and HASELTON, JJ.


DEITS, Presiding Judge.

This is a declaratory judgment action brought by plaintiffs, Dr. Wood and Dr. Starr, to determine whether funds from the will of Esther Eager given for research, development and education, under the direction of plaintiffs, may be used by them without regard to where the research, education or development occur. The trial court held that they could be so used. We reverse.

In 1964, plaintiffs performed heart surgery on Wesley Eager....

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