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ALLEN v. MEINIG

A8903-01517; CA A65441.

819 P.2d 744 (1991)

109 Or.App. 341

Samuel E. ALLEN, Individually and Dba Monarch Motor Hotel, Appellant, v. Edward MEINIG, Michael Meinig, Meinig Brothers, Inc., and Tri-Star Western, Inc., Respondents, and Meinig Oil Company, Respondent.

Court of Appeals of Oregon.

Decided October 30, 1991.

Attorney(s) appearing for the Case

Gary M. Georgeff, Portland, argued the cause for appellant. With him on the briefs was O'Donnell, Ramis, Crew & Corrigan, Portland.

Kurt L. Maul, Portland, argued the cause for respondents Edward Meinig, Michael Meinig, Meinig Bros., Inc. and Tri-Star Western, Inc. With him on the brief was Hampson, Bayless, Murphy & Stiner, Portland.

No appearance, for Meinig Oil Co.

Before RICHARDSON, P.J., JOSEPH, C.J., and DEITS, J.

JOSEPH, Chief Judge.

Plaintiff is a judgment creditor of Meinig Brothers, Inc. (the corporation), and brings this action on a creditor's bill and for other relief. While the action that would result in plaintiff's obtaining the judgment was pending, defendants Michael and Ed Meinig, who are brothers, decided to stop doing business through the corporation and to form defendant Tri-Star Western, Inc. (Tri-Star). Tri-Star then began engaging in essentially the same heating...

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