HERBURGER v. HERBURGER

93-10291 CV; CA A89884.

925 P.2d 103 (1996)

144 Or. App. 89

Charles H. HERBURGER, Appellant, v. Ruthella HERBURGER, Respondent.

Court of Appeals of Oregon.

Decided October 9, 1996.


Attorney(s) appearing for the Case

Timothy J. O'Hanlon, Pendleton, argued the cause for appellant. With him on the briefs was Mautz Baum Hostetter & O'Hanlon.

Brian J. MacRitchie, Bend, argued the cause for respondent. With him on the brief was Merrill, O'Sullivan, MacRitchie, Petersen & Dixon.

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


HASELTON, Judge.

Plaintiff appeals from a summary judgment in which the trial court dismissed his claim for imposition of a constructive trust for two annuities. He argues that the trial court erroneously determined that his claim was precluded by an earlier proceeding involving the final accounting and termination of a conservatorship. We reverse and remand.

In December 1992, a probate court appointed plaintiff and defendant as co-conservators for Harold...

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