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McCOOK v. BARNUM

No. E 9713.

23 F.Supp. 769 (1938)

McCOOK v. BARNUM et al.

District Court, D. Oregon.

May 12, 1938.

Attorney(s) appearing for the Case

Gavin & Gavin, of The Dalles, Or., and Wood, Matthiessen & Rankin, of Portland, Or., for complainant.

Maguire, Shields & Morrison, of Portland, Or., Robert M. Duncan, of Burns, Or., and Donald K. Grant, of Portland, Or., for respondents.

McCOLLOCH, District Judge.

Since defendants' motion to dismiss is directed against the whole complaint, — if either (1) the excess loans, or (2) the improvident loans are within the statutory period, it follows that the motion must be denied.

I feel that the improvident loans are within the six year statutory period (Oregon Code 1930, 1-204; 6-103). The allegations as to these loans, while sounding in tort, are, in fact, based on the contractual obligation...

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