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WADSWORTH v. TALMAGE

SC S066414.

450 P.3d 486 (2019)

365 Or. 558

John WADSWORTH, individually and as trustee for the RBT Victim Recovery Trust, Plaintiffs, v. Ronald B. TALMAGE and Annette C. Talmage, in Default as of 8/31/2017; RiverCliff Farm, Inc., an Oregon corporation, in Default as of 1/26/2017; and New Century Properties Ltd., in Default as of 8/31/2017, Defendants below, and United States of America, Defendant.

Supreme Court of Oregon, En Banc.

October 10, 2019.

Attorney(s) appearing for the Case

William B. Ingram , Strong & Hanni, Salt Lake City, Utah, argued the cause and filed the briefs for plaintiffs on review. Also on the briefs was Thomas A. Ped , Williams Kastner Greene & Markley, Portland.

Randolph L. Hutter , U.S. Department of Justice, Washington, D.C., argued the cause and filed the brief for defendant on review. Also on the brief was Jeremy N. Hendon , Washington D.C.

This case is before the court on a certified question from the United States Court of Appeals for the Ninth Circuit, under ORS 28.200. The Ninth Circuit certified to the court the following question:

"Under Oregon law, does a constructive trust arise at the moment of purchase of a property using fraudulently-obtained funds, or...

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