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MATTER OF MARRIAGE OF CLARK

(DR95-12-134; CA A107897)

14 P.3d 667 (2000)

171 Or. App. 205

In the Matter of the MARRIAGE OF Gayle Carol Hochhalter CLARK, Appellant, and Dean Allen Clark, Respondent.

Court of Appeals of Oregon.

Decided November 22, 2000.

Attorney(s) appearing for the Case

Timothy J. Vanagas, Gresham, argued the cause for appellant. On the brief was Gene A. Killeen, Lake Oswego.

Helen T. Dziuba, Portland, argued the cause and filed the brief for respondent.

Before DEITS, Chief Judge, and LANDAU and BREWER, Judges.

BREWER, J.

Wife appeals from a judgment dismissing a contempt proceeding based on husband's motion for dismissal made at the conclusion of wife's case. ORCP 54 B(2). Wife contends that the trial court's decision erroneously assigned to her the burden of disproving husband's affirmative defense that he was unable to comply with the terms of the judgment dissolving the parties' marriage. Wife also appeals from a supplemental judgment that awarded husband an additional...

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