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ALLEN TRUST CO. v. COWLITZ BANK

030891392; A128473.

152 P.3d 974 (2007)

210 Or. App. 648

ALLEN TRUST COMPANY, Appellant, v. COWLITZ BANK and Ronald W. Harriman, Respondents.

Court of Appeals of Oregon.

Decided February 7, 2007.

Attorney(s) appearing for the Case

Andrew J. Lee, Portland, argued the cause for appellants. With him on the briefs were Jan K. Kitchell and Schwabe, Williamson & Wyatt, P.C.

Matthew Whitman argued the cause for respondent Ronald W. Harriman. With him on the brief were James R. Cartwright, Portland, and Brooks F. Cooper.

Monica M. O'Brien, Portland, waived appearance for respondent Cowlitz Bank.

Before HASELTON, Presiding Judge, and BREWER, Chief Judge, and LEONARD, Judge pro tempore.

BREWER, C.J.

Allen Trust Company (Allen Trust) appeals from a summary judgment in favor of Ronald W. Harriman that required Allen Trust to repay fees that it had taken during the period that it purported to act as the trustee of the Ronald W. and Jean A. Harriman Irrevocable Living Trust (the trust). We reverse in part.

Because the trial court granted Ronald's motion for summary judgment, we state the facts most favorably to Allen Trust, drawing all inferences...

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