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BERGERON v. AERO SALES, INC.

01C-14441; A123865.

134 P.3d 964 (2006)

205 Or. App. 257

Matt BERGERON, personal representative of the Estate of Robert L Praegitzer, deceased, Respondent, v. AERO SALES, INC., and Jack Kasper, Appellants. Aero Sales, Inc., and Jack Kasper, Appellants, v. William A. Curtright, Respondent. William A. Curtright, Cross-Plaintiff, v. Matt Bergeron, as personal representative of the Estate of Robert L. Praegitzer, deceased, Cross-Defendant.

Court of Appeals of Oregon.

Decided April 26, 2006.

Attorney(s) appearing for the Case

J. Michael Alexander, Salem, argued the cause for appellants. With him on the brief was Swanson, Lathen, Alexander & McCann, PC.

Joseph Penna, Monmouth, argued the cause for respondent Matt Bergeron and filed the brief for Robert L. Praegitzer, deceased.

Vance D. Day argued the cause and filed the brief for respondent William A. Curtright.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.

ARMSTRONG, J.

Our task in this appeal is to identify the legal owner of several thousand gallons of jet fuel that had been stored in an underground tank beneath a private hangar at McNary Field in Salem. Kasper purchased the fuel and stored it in the tank. Praegitzer owned the hangar and the fuel tank at the time that Kasper placed the fuel in the tank, but did not know that Kasper had placed the fuel in the tank.1 Praegitzer subsequently...

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