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EVERGREEN WEST BUSINESS CENTER v. EMMERT

CV07020348; A146301.

338 P.3d 738 (2014)

266 Or. App. 690

EVERGREEN WEST BUSINESS CENTER, LLC, an Oregon limited liability company, Plaintiff-Respondent Cross-Appellant, v. Terry W. EMMERT, Defendant-Appellant Cross-Respondent, and Premier West Bank, Impartial.

Court of Appeals of Oregon.

Decided October 29, 2014.

Attorney(s) appearing for the Case

Stuart M. Brown and Wiles Law Group filed the briefs for appellant-cross-respondent.

John M. Berman and J. Rion Bourgeois filed the briefs for respondent-cross-appellant.

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

In this action for breach of fiduciary duty, plaintiff alleged two alternative forms of relief: damages as compensation for the breach, or imposition of a constructive trust whereby property obtained by virtue of the breach would be sold and the proceeds distributed to plaintiff's creditors and its members. With respect to the damages...

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