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U.S. BANK N.A. v. McCOY

A159998.

415 P.3d 1116 (2018)

290 Or. App. 525

U.S. BANK NATIONAL ASSOCIATION, as Trustee FOR the STRUCTURED ASSET INVESTMENT LOAN TRUST, 2005-10, its successors in interest and/or assigns, Plaintiff-Respondent, v. Donald E. McCOY, III, aka Donald Eugene McCoy, III, Defendant-Appellant, and Virginia Lee McCoy, aka Virginia Lee McLaughlin; et al., Defendants.

Court of Appeals of Oregon.

February 28, 2018.

Attorney(s) appearing for the Case

Jeffrey A. Long , Portland, argued the cause and filed the briefs for appellant.

Valerie I. Holder argued the cause for respondent. On the brief were Molly J. Henry and Keesal, Young & Logan.

Before DeHoog, Presiding Judge, and Egan, Chief Judge, and Aoyagi, Judge.

In this judicial foreclosure action, defendant appeals an award of summary judgment to plaintiff and raises two assignments of error. In his first assignment, defendant argues that the trial court erred in denying his motion to strike the assertion, set forth in a declaration submitted by plaintiff, that plaintiff had possession of...

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