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CASE v. BURTON

081200; A144494.

279 P.3d 259 (2012)

250 Or. App. 14

William C. CASE and Gail K. Case, Plaintiffs, and Case Farms, LLC, an Oregon limited liability company, Plaintiff-Appellant, v. Gary L. BURTON and Goldie H. Burton, husband and wife, Defendants-Respondents.

Court of Appeals of Oregon.

Decided May 16, 2012.

Attorney(s) appearing for the Case

George B. Heilig , Corvallis, argued the cause for appellant. With him on the briefs was Heilig Misfeldt & Armstrong, LLP.

Mark C. Hoyt , Salem, argued the cause for respondents. With him on the brief was Sherman, Sherman, Jonnie & Hoyt, LLP.

Before SCHUMAN, Presiding Judge, and BREWER, Judge, and NAKAMOTO, Judge.

BREWER, J.

Plaintiffs appeal from a general judgment dismissing their common-law and statutory adverse possession claims against defendants.1 At the close of plaintiffs' case-in-chief, the trial court granted defendants' motion for a directed verdict, construing it as a motion to dismiss under ORCP 54 B(2), and made findings of fact under ORCP 62. Among other things, the trial court found that, as a fatal blow to their claims, plaintiffs...

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