BROWN v. BENSTON

95-4701-L3; CA A94944.

945 P.2d 563 (1997)

149 Or. App. 675

Howard L. BROWN, Appellant, v. Dexter A. BENSTON and Audra Benston, Respondents.

Court of Appeals of Oregon.

Decided September 10, 1997.


Attorney(s) appearing for the Case

Sandra Sawyer, Medford, argued the cause and filed the briefs for appellant.

John R. Hanson, Medford, argued the cause for respondents. With him on the brief was Werdell & Hanson.

Before LANDAU, P.J., and LEESON, J., and RICHARDSON, Senior Judge.


LEESON, Judge.

This is an action for declaratory judgment of ownership, partition and accounting, in which the trial court granted defendants' motion for summary judgment. Because the parties do not dispute the relevant facts, we review to determine whether defendants are entitled to judgment as a matter of law, Spectra Novae, Ltd. v. Waker Associates, Inc., 140 Or.App. 54, 58, 914 P.2d 693

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