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HORTON v. REELY

Civ. No. 89-884-FR.

738 F.Supp. 1336 (1990)

Byron W. HORTON and Helen Horton, husband and wife, Plaintiffs, v. John L. REELY, William S. Reely, Delbert C.F. Ashmore, Jeanette M. Lackman, Milton Datsopoulos, B & H Cattle Company, Inc., an Oregon corporation, and Western Travel and Recreation, a Montana corporation, Defendants. John L. REELY, Delbert C.F. Ashmore, individually and as representatives of the Estate of William S. Reely, Jeanette M. Lackman, Milton Datsopoulos, B & H Cattle Company, Inc., an Oregon corporation, and Western Travel and Recreation, a Montana corporation, Third-Party Plaintiffs, v. Fred HARTNETT, Third-Party Defendant.

United States District Court, D. Oregon.

June 13, 1990.

Attorney(s) appearing for the Case

Andrew R. Gala, Schwabe, Williamson & Wyatt, Seattle, Wash., for plaintiffs.

Janice R. Wilson, Lori Irish Bauman, Lindsay, Hart, Neil & Weigler, Portland, Or., for defendants and third-party plaintiffs John L. Reely, William S. Reely, Delbert C.F. Ashmore, Jeanette M. Lackman, Milton Datsopoulos, and Western Travel and Recreation.

Donald Bowerman, Hibbard, Caldwell, Bowerman & Schultz, P.C., Oregon City, Or., for third-party defendant.

OPINION

FRYE, District Judge:

In the matter before the court, plaintiffs, Byron W. Horton and Helen Horton, move the court (# 32) for summary judgment in their favor on the grounds that there is no issue of material fact and they are entitled to judgment in their favor as a matter of law. The Hortons seek to recover the remaining balance due on a promissory note, together with interest and reasonable attorney fees.

UNDISPUTED FACTS

In 1978...

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