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BANKS v. HENDERSHOTT

16-80-01043; CA A32469.

719 P.2d 484 (1986)

79 Or.App. 243

James H. BANKS, and Maxine Banks, Respondents-Cross-Appellants, v. Herman P. HENDERSHOTT, John A. Hudson, Richard D. Curtis, and James R. Strickland, Appellants-Cross-Respondents.

Court of Appeals of Oregon.

Decided May 14, 1986.

Attorney(s) appearing for the Case

John B. Arnold, Eugene, argued the cause for appellants-cross-respondents. With him on the briefs were Leslie M. Swanson, Jr., Kay Kiner James, Sharon A. Rudnick and Harrang, Swanson, Long & Watkinson, P.C., Eugene.

Lawrence O. Gildea, Eugene, argued the cause and filed the briefs for respondents-cross-appellants.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

This legal malpractice case arises out of defendants' representation of plaintiffs in an action for strict foreclosure and waste, which in turn arose out of plaintiffs' 1973 purchase from the Petersens of a going business, Berry Creek Construction Company, including its assets, consisting of real and personal property. In 1976, plaintiffs sold the business to Workman Contractors, Inc. (Workman), whose subsequent default precipitated plaintiffs...

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