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BUTCHER v. McCLAIN

CV08050314; A142856.

260 P.3d 611 (2011)

244 Or. App. 316

Rachelle BUTCHER and Pamela Onion, as Guardian ad litem for Shaman Butcher, Laine Butcher, Edward Butcher, Cheyenne Butcher, and Juel Butcher, Minors, Plaintiffs-Appellants, v. Susan McCLAIN, Merrie Postlewait, and Ann Sommers, individually and as claiming successors of the Trust for Betty Butcher, Defendants-Respondents.

Court of Appeals of Oregon.

Decided July 13, 2011.

Attorney(s) appearing for the Case

Mary Ellen Page Farr, Portland, argued the cause and filed the briefs for appellants.

James D. Case, Beaverton, argued the cause for respondents. With him on the brief were Alex Golubitsky, and Case & Dusterhoff, LLP.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and ROSENBLUM, Senior Judge.

ROSENBLUM, S.J.

Plaintiffs appeal from a judgment dismissing under ORCP 21 their claims for declaratory judgment, interference with economic relations, reformation, and constructive trust, arising out of a family dispute and the ownership of a farm property in Canby, Oregon. We conclude that the trial court erred in dismissing plaintiffs' claims for declaratory judgment and interference with economic relations and reverse.

In reviewing the trial court's rulings...

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