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DOMINGO v. ANDERSON

9306-03850; CA A84591.

910 P.2d 402 (1996)

138 Or. App. 521

Oscar O. DOMINGO and Patricia M. Domingo, Appellants, v. Ace R. ANDERSON, W. Louis Larson, Lucy E. Kivel and D. Richard Fisher, Respondents.

Court of Appeals of Oregon.

Decided January 24, 1996.

Attorney(s) appearing for the Case

Les Rink, Beaverton, argued the cause and filed the briefs for appellants.

Lee Aronson argued the cause for respondents. With him on the brief was Schulte, Anderson, Downes, Carter & Aronson, P.C., Portland.

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

WARREN, Presiding Judge.

In this action for breach of contract, breach of fiduciary duty and negligence, plaintiffs appeal from a summary judgment for defendants. ORCP 47 C.1 They also appeal an amended judgment that awarded attorney fees to defendant Anderson. We affirm in part and reverse in part.

These facts are not in dispute. In 1983, plaintiffs gave Anderson a promissory note (the Anderson note), which was secured by a trust...

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