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MARQUESS v. FIRST INTERSTATE BANK

16-89-04267; CA A68785.

840 P.2d 718 (1992)

116 Or. App. 1

Doncella Kay MARQUESS, Tausha Tyrene Marquess, and Doncella Kay Marquess, as Guardian Ad Litem for Rhonda Lynn Marquess, a minor child, Appellants, v. FIRST INTERSTATE BANK OF OREGON, N.A., Respondent.

Court of Appeals of Oregon.

Decided October 28, 1992.

Attorney(s) appearing for the Case

Jeffrey E. Potter, Eugene, argued the cause for appellants. With him on the briefs were Herb Lombard and Lombard, Gardner, Honsowetz, Brewer & Schons, Eugene.

Thomas H. Hoyt, Eugene, argued the cause for respondent. With him on the brief were Jeri-anne Cohen and Hoyt & Associates, P.C., Eugene.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

BUTTLER, Presiding Judge.

Plaintiffs, beneficiaries of a testamentary trust, appeal from a judgment in favor of defendant trustee in this action for breach of fiduciary duty. Plaintiffs claim that defendant breached that duty when it failed to collect the fair market rental for real property held in trust, when it failed to test the market before selling the property to a co-owner and by releasing all claims for back rent when it sold the property to the co-owner...

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