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MARTIN v. GOMES

091116244; A146643.

323 P.3d 441 (2014)

261 Or. App. 418

Melissa MARTIN, Plaintiff-Appellant, v. Kathy GOMES and American Century Investment Services, Inc., a foreign corporation, dba American Century Investments, Defendants-Respondents.

Court of Appeals of Oregon.

Decided February 26, 2014.

Attorney(s) appearing for the Case

Iris K. Tilley argued the cause for appellant. With her on the opening brief were Brenda K. Baumgart and Barran Liebman LLP. With her on the reply brief was Barran Liebman LLP.

George W. Kelly argued the cause and filed the brief for respondent Kathy Gomes.

Bruce L. Campbell and Miller Nash LLP filed the brief for respondent American Century Investment Services, Inc.

Before WOLLHEIM, Presiding Judge, and NAKAMOTO, Judge, and SCHUMAN, Senior Judge.

WOLLHEIM, P.J.

Plaintiff, the personal representative of the estate of Timothy Freed, brought this action to recover the proceeds of an individual retirement account (IRA) created by Freed and held by defendant American Century Investments (American). After American advised plaintiff that it would pay the IRA proceeds to defendant Gomes, Freed's former domestic partner who was designated as the beneficiary of the IRA at the time of Freed's death, plaintiff, as the...

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