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EQUITABLE LIFE ASSURANCE SOCIETY v. McKAY

USDC Civil CV-84-1356-FR; 9th Cir. 86-3614; SC S34788.

760 P.2d 871 (1988)

306 Or. 493

The EQUITABLE LIFE ASSURANCE SOCIETY of the United States, Plaintiff, v. Harlan David McKay, Jr., Dana Williford, and Marjorie N. McKay, As Guardian for Sean Michael McKay, Oregon Residents, Defendants/Appellees, and Carolyn McKay, a Washington Resident, Defendant/Appellant.

Supreme Court of Oregon, In Banc.

Decided August 30, 1988.

Attorney(s) appearing for the Case

James A. Trujillo, Bellevue, Wash., argued the cause on behalf of defendant/appellant Carolyn McKay. With him on the brief was Trujillo & Peick, P.C., Bellevue, Wash.

Daniel E. McCabe, Aloha, filed the brief and argued the cause on behalf of defendants/appellees.

GILLETTE, Justice.

Pursuant to ORS 28.200 to 28.230, this court accepted certification of the following question from the United States Court of Appeals for the Ninth Circuit: "Under Oregon law, is the Washington Deadman's Statute, Wash. Rev. Code § 5.60.030, substantive or procedural?" With the explanation that follows, we answer that this court would regard the Washington statute as "procedural."

This case originated as an interpleader action in the...

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