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COOLEY v. FREDINBURG

88-0971-J-1; CA A89024.

927 P.2d 124 (1996)

144 Or. App. 410

Marian C. COOLEY, Plaintiff, v. Robert Roger FREDINBURG, Appellant, Marion C. Cooley, as assignee of U.S. National Bank of Oregon, a national banking association; First Interstate Bank of Oregon, N.A.; L. Ken Casteel; John C. Preston and Patricia J. Preston, husband and wife; Timotheas John Horn and Normalee D. Horn, husband and wife; Tischhauser, Cooper & Co., a partnership; Frieda A. Kuttig; and Federal Deposit Insurance Corporation, in its corporate capacity as successor to Bear Creek Valley Bank, Defendants, and Hogue Investment Corporation, Respondent.

Court of Appeals of Oregon.

Decided November 13, 1996.

Attorney(s) appearing for the Case

Douglas J. Richmond, Medford, argued the cause for appellant. With him on the briefs were Kellington, Krack, Richmond & Blackhurst and Matthew Sutton.

Richard D. Adams, Grants Pass, argued the cause and filed the brief for respondent.

Before WARREN, P.J., and EDMONDS and ARMSTRONG, JJ.

EDMONDS, Judge.

Appellant Fredinburg appeals from a judgment dismissing his claim for restitution against respondent Hogue Investments (Hogue) and awarding judgment against him for $14,581, representing the surplus proceeds from a previous foreclosure sale of Fredinburg's property. We reverse.

Fredinburg is the owner of real property that was subject to several liens. The senior lienholder, Cooley, filed a complaint for foreclosure and joined as defendants...

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