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PERKINS v. CONRADI

95CV0538; CA A94839.

950 P.2d 380 (1997)

151 Or. App. 585

Patrick S. PERKINS, Appellant, v. Clifford CONRADI and Patricia A. Conradi, fka Patricia A. Mill, husband and wife, Respondents.

Court of Appeals of Oregon.

Decided December 17, 1997.

Attorney(s) appearing for the Case

Keith Rodman, Eugene, argued the cause and filed the briefs for appellant.

Clayton C. Patrick, Salem, argued the cause and filed the brief for respondents.

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

EDMONDS, Judge.

Plaintiff brought this action seeking a declaration that defendants hold certain real property and proceeds from the sale of timber in constructive trust for his benefit. ORS chapter 28. He alleges that he is the owner of the 40-acre property and that defendants should be required to deed the land and remit the timber proceeds to him. Defendants moved for summary judgment, ORCP 47 C, arguing that the doctrine of claim preclusion bars plaintiff's claim...

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