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BERGER v. STEPHAN

05CV0036; A141558.

250 P.3d 954 (2011)

241 Or. App. 399

Freidrich BERGER and Erika Berger, husband and wife, Plaintiffs-Respondents, v. Rudiger STEPHAN, aka Stephan Ruediger; and Kristine Berger Benks, aka Berger Kristine Binks, aka Kristine Berger-Benks, Defendants-Appellants, and Tanya Berger-Caudle, Defendant.

Court of Appeals of Oregon.

Decided March 9, 2011.

Attorney(s) appearing for the Case

Michael W. Peterkin, Bend, argued the cause for appellants. With him on the briefs was Peterkin & Associates.

Nancy A. Borneman, Prineville, argued the cause for respondents. On the brief were Gary D. Rossi and Dutli & Borneman, LLP.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and NAKAMOTO, Judge.

NAKAMOTO, J.

This is a dispute among family members concerning their respective claims to the proceeds of the sale of a ranch in Crook County, Oregon. The parties to the dispute, plaintiffs Freidrich and Erika Berger,1 along with the two primary defendants, their daughter Kristine Berger Benks and her domestic partner, Rudiger Stephan, have held the property as tenants in common in a life estate, with cross-contingent remainders in fee...

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