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McLEAN v. CHARLES ELLIS REALTY, INC.

16-99-19075; A112916.

76 P.3d 661 (2003)

189 Or. App. 417

Linda L. McLEAN, Trustee utd January 17, 1994, Respondent, v. CHARLES ELLIS REALTY, INC., an Oregon corporation; and Gary Jensen; and Donald Lemke, Appellants.

Court of Appeals of Oregon.

Decided September 10, 2003.

Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause and filed the briefs for appellant Donald Lemke.

Susan D. Marmaduke argued the cause for appellants Gary Jensen and Charles Ellis Realty, Inc. With her on the briefs were William F. Gary and Harrang Long Gary Rudnick P.C., Eugene.

Thomas W. Brown, Portland, argued the cause for respondent. With him on the briefs were Robert E. Sabido and Cosgrave Vergeer Kester LLP.

Before LANDAU, Presiding Judge, and ARMSTRONG and BREWER, Judges.

ARMSTRONG, J.

Defendants appeal from a judgment for plaintiff after a jury trial on plaintiff's claims for negligence, breach of fiduciary duty, and fraud. The jury found for plaintiff on all claims and awarded her damages of $303,945. Defendant Lemke assigns error to the trial court's failure to grant his motion for a directed verdict on all of the claims on the ground that they are time barred, to the admission of evidence, to the jury instructions on damages, and...

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