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HAGAN v. SHORE

9401-00752; CA A85028.

915 P.2d 435 (1996)

140 Or. App. 393

Edward J. HAGAN, Jr., and Edward J. Hagan, Jr., as guardian ad litem for Patricia Hagan, Appellants-Cross-respondents, v. Jay SHORE and Dean N. Alterman, as Successor Trustee; M. Lorraine Hall, and Paul J. Rask, as Successor Trustee, Respondents-Cross-appellants.

Court of Appeals of Oregon.

Decided April 17, 1996.

Attorney(s) appearing for the Case

Thomas A. Bittner, Portland, argued the cause for appellants-cross-respondents. With him on the briefs was Schulte, Anderson, Downes, Carter & Aronson, P.C.

Richard M. Botteri, Portland, argued the cause for respondents-cross-appellants Jay Shore and Dean M. Alterman. With him on the briefs was Preston Gates & Ellis.

Gordon T. Carey, Jr., Portland, argued the cause for respondents-cross-appellants M. Lorraine Hall and Paul J. Rask. With him on the briefs was Carey & Marks.

Before DEITS, P.J., De MUNIZ and HASELTON, JJ.

HASELTON, Judge.

Plaintiffs appeal from a judgment on the pleadings against an amended complaint for declaratory relief, which sought to void certain notes and trust deeds held by defendants. Defendants cross-appeal, asserting that the court erred in permitting plaintiffs to amend their complaint and, consequently, erred in failing to grant defendants' motion for judgment on the unamended pleadings. We reverse on the appeal and affirm on the cross-appeal.

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