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HITCHCOCK v. DELANEY

9505-02954; A117540.

86 P.3d 73 (2004)

192 Or. App. 453

Walter P. HITCHCOCK, Trustee of the Angelini Trust; Paulette Botti and Charles Botti, Trustees of the Botti Family Trust; Alexander Briones; Dominador Briones, III; Donato Carreta; Alice M. Carreta; Frank R. Delosa; Clella Delosa; John M. Doyle; Robert Galligani; Diane Galligani; Albino A. Ravella; Antonia T. Ravella; and Donna Reich, Personal Representative of the Estate of Michael J. Rush, Appellants, v. Richard DELANEY; and Dolphin Real Estate Group Investments, Inc., Respondents.

Court of Appeals of Oregon.

Decided March 10, 2004.

Attorney(s) appearing for the Case

David J. Sweeney, Multnomah, argued the cause for appellants. With him on the briefs were Paul G. Dodds and Brownstein, Rask, Sweeney, Kerr, Grim, DeSylvia & Hay, LLP.

Lynn R. Nakamoto, Portland, argued the cause for respondents. With her on the brief were Lynn R. Stafford and Markowitz, Herbold, Glade & Mehlhaf.

Before HASELTON, Presiding Judge, and DEITS, Chief Judge, and LINDER, Judge.

LINDER, J.

In this action for, among other things, breach of contract and unjust enrichment, the trial court originally found plaintiffs1 (who are the owners of a mobile home park) liable to defendants Dolphin Real Estate Group, Inc. (Dolphin) and Richard Delaney. The trial court accordingly entered a money judgment in defendants' favor. While plaintiffs' appeal of that judgment was pending, they paid Delaney, who turned the money over...

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