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FERGUSON v. FERRIS

90-2387-E-2; CA A79342.

882 P.2d 1119 (1994)

130 Or. App. 443

William H. FERGUSON, Plaintiff-Cross-Appellant, v. John E. FERRIS, Defendant-Cross-Respondent, and State of Oregon Public Employees' Retirement Board, Trustee of the Retirement Fund, Defendant-Cross-Appellant. John E. FERRIS, Counterclaim Plaintiff-Appellant, v. William H. FERGUSON and Maureen R. Ferguson, additional party defendants with respect to counterclaim, Counterclaim Defendants-Respondents.

Court of Appeals of Oregon.

Decided October 5, 1994.

Attorney(s) appearing for the Case

Ervin B. Hogan, Medford, argued the cause and filed the brief for defendant-cross-respondent.

Thomas C. Howser, Ashland, argued the cause for plaintiff-cross-appellant and counterclaim defendant-respondent William H. Ferguson. With him on the briefs was Howser & Munsell. Also on the briefs were Larry C. Hammack, Medford, attorney for counterclaim defendant, respondent Maureen R. Ferguson, and David W. Green, Portland, attorney for defendant-cross-appellant State of Oregon Public Employees Retirement Fund.

Before DEITS, P.J., RICHARDSON, C.J., and RIGGS, J.

RIGGS, Judge.

Defendant Ferris (defendant) appeals from that part of a judgment dismissing his counterclaims. He argues that the trial court erred in finding that plaintiff and defendant were not partners or joint venturers in a real estate deal, and, as a consequence, failed to provide for dissolution of the partnership. Plaintiff1 and defendant State of Oregon Public Employees Retirement Fund (OPERF) cross-appeal from that part of the...

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