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EMON ENTERPRISES, LLC v. KILCUP

A159726.

437 P.3d 248 (2019)

295 Or.App. 742

EMON ENTERPRISES, LLC, Plaintiff-Respondent, v. Rick KILCUP, Lorie Kilcup, et al., Defendants-Appellants.

Court of Appeals of Oregon.

January 24, 2019.

Attorney(s) appearing for the Case

Harry D. Ainsworth , Portland, argued the cause for appellants. Also on the brief was Leslie A. Nelson .

Frank Wall , Portland, argued the cause and filed the brief for respondent.

Before DeHoog, Presiding Judge, and Hadlock, Judge, and Powers, Judge.

In this forcible entry and detainer (FED) action, tenants, Rick Kilcup and Lorie Kilcup, who are husband and wife, appeal a judgment of restitution of rental premises to landlord. In their first assignment of error, tenants assert that, having previously obtained a judgment of restitution under ORS 90.396(1)(f) (allowing a landlord to...

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