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HESS v. SEEGER

No. 24585; CA 16032, No. 25074.

641 P.2d 23 (1982)

55 Or.App. 746

Henry L. HESS, Jr. and Raymond L. Hess, Madeline M. Hess, As Personal Representative of the Estate of Henry L. Hess, Sr., Leland F. Hess, and Douglas S. Hess, Appellants, v. Reinhold SEEGER, Bertha C. Seeger and Kinzua Corporation, Respondents. Bertha C. Seeger, Respondent-Cross-Respondent, v. HENRY L. HESS, Jr., Raymond L. Hess, Madeline M. Hess, Leland F. Hess, and Douglas S. Hess, Appellants-Cross-Respondents, William Pedro, Mary Ann Robinson, and Delbert Pedro, Respondents-Cross-Appellants, Leland Moore, As Personal Representative of the Estate of Elizabeth Underhill, Rita Clark, Also All Other Parties or Persons Unknown Claiming Any Right, Title, Estate, Lien or Interest in the Real Property Described in the Complaint Herein, Respondents, and Delbert Pedro, Respondent-Cross-Appellant v. HENRY L. HESS, Jr., Raymond L. Hess, Madeline M. Hess, As Successors in Interest of the Estate of Henry L. Hess, Sr., Leland F. Hess and Douglas S. Hess, Appellants-Cross-Respondents.

Court of Appeals of Oregon.

Decided February 2, 1982.

Reconsideration March 23, 1982.

Attorney(s) appearing for the Case

Wendell Gronso, Burns, argued the cause and filed the briefs for appellants-cross-respondents.

Michael D. Kennedy, Portland, argued the cause for respondent-cross-appellant, Delbert Pedro. With him on the briefs was Kennedy, Bowles, Towsley & Soriano, Portland.

R.L. Marceau, Bend, argued the cause for respondents and respondent-cross-respondent Seeger. With him on the brief was James D. Noteboom, Bend.

Alex Byler, Pendleton, filed the brief for respondent Kinzua Corp.

Paul D. Schultz, Oregon City, argued the cause for respondents-cross-appellants, William Pedro and Mary Ann Robinson. With him on the brief was Hibbard, Caldwell, Canning, Bowerman & Schultz, Portland.

R.T. Gooding, LaGrande, argued the cause for respondent Rita Clark. On the brief was Phillip A. Mendiguren, LaGrande.

R.J. Seeger, Hermiston, waived appearance for respondent Leland Moore, as personal representative of the estate of Elizabeth Underhill, deceased.

Before GILLETTE, P.J., and RICHARDSON, and ROBERTS, JJ.

GILLETTE, Presiding Judge.

This appeal concerns the respective interests of the parties in certain land located in eastern Oregon. The land in question was originally owned by Joseph and Rita Silva Vey. All the parties, except the Hesses and Kinzua Corporation, are lineal descendants of the Veys. The Hesses acquired an interest in the Vey estate by virtue of an employment contract in which they agreed to perform legal services for Delbert Pedro, one of the Vey's descendants...

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