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WADSWORTH v. TALMAGE

No. 17-35805.

911 F.3d 994 (2018)

John WADSWORTH, Individually and as Trustee for RBT Victim Recovery Trust; RBT Victim Recovery Trust, Plaintiffs-Appellants, v. Ronald B. TALMAGE and Annette C. Talmage, In Default as of 8/31/2017; RiverCliff Farm, Inc., an Oregon Corporation — In Default as of 1/26/2017; New Century Properties Ltd., In Default as of 8/31/2017, Defendants, and United States of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 27, 2018.

Attorney(s) appearing for the Case

William B. Ingram and Alan R. Houston , Strong & Hanni, Salt Lake City, Utah, for Plaintiffs-Appellants.

Randolph L. Hutter and Thomas J. Clark , Attorneys; Richard E. Zuckerman , Principal Deputy Assistant Attorney General; Tax Division, United States Department of Justice, Washington, D.C.; for Defendant-Appellee.

Before: William A. Fletcher, Jay S. Bybee, and Paul J. Watford, Circuit Judges.

ORDER CERTIFYING QUESTION TO THE SUPREME COURT OF OREGON

Pursuant to Oregon Revised Statute § 28.200, we respectfully certify the following question to the Oregon Supreme Court:

Under Oregon law, does a constructive trust arise at the moment of purchase of a property using fraudulently...

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