SCHULTZ v. BANK OF THE WEST

Nos. 93CV0201; CA A85556.

897 P.2d 1204 (1995)

135 Or.App. 359

Howard G. SCHULTZ and Ann C. Schultz, Respondents, v. BANK OF THE WEST, C.B.C., Appellant, and Robert W. Muir and June E. Muir, Respondents, and John H. Gateley and David E. Gateley, dba Gateleys' Fairway Motors, Defendants.

Court of Appeals of Oregon.

Decided June 28, 1995.


Attorney(s) appearing for the Case

Frank C. Rote, III, Grants Pass, argued the cause for appellant. With him on the briefs was Brown, Hughes, Bird, Lane & Rote.

Thomas J. Peterson, Eugene, argued the cause for respondents Robert W. Muir and June E. Muir. On the brief were James R. Dole and Schultz, Salisbury, Cauble, Versteeg & Dole, Grants Pass.

Stephen Mountainspring, Roseburg, argued the cause for respondents Howard G. Schultz and Ann C. Schultz. With him on the briefs was Dole, Coalwell, Clark & Wells, P.C.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.


HASELTON, Judge.

Defendant Bank of the West, C.B.C. (bank) appeals from a summary judgment declaring plaintiffs, Howard and Ann Schultz, the owners of a motor home "free and clear" of bank's prior perfected security interest. Plaintiffs cross-assign error to the trial court's dismissal of their second claim for relief and its allowance of summary judgment against their fourth claim for relief. We reverse and remand.

The facts are undisputed. In October 1987...

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