WADSWORTH v. TALMAGE

SC S066414.

453 P.3d 1289 (2019)

366 Or. 15

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.

December 27, 2019.


Attorney(s) appearing for the Case

Randolph L. Hutter , U.S. Department of Justice, Washington, D.C, filed the petition for reconsideration for defendant United States of America. Also on the petition for reconsideration was Jeremy N. Hendon , Washington D.C.

William B. Ingram , Strong & Hanni, Salt Lake City, Utah, filed the response to the petition for reconsideration for plaintiffs. Also on the response was Thomas A. Ped , Williams Kastner Greene & Markley, Portland.


The federal government has petitioned for reconsideration of our decision in Wadsworth v. Talmage, 365 Or. 558, 450 P.3d 486 (2019). The government objects to a sentence in which we described the parties' positions on whether plaintiffs' funds were traceable to an interest in real property:

"The parties agree that plaintiffs...

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