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FITZGERALD v. ROGUE AGRISOURCE LLC

A181356.

554 P.3d 838 (2024)

333 Or. App. 555

Michael E. FITZGERALD, Receiver-Appellant, and Mytie LLC, a California limited liability company, and Phil Nies, Plaintiffs-Counter Defendants-Respondents, v. ROGUE AGRISOURCE LLC, an Oregon limited liability company, Defendant-Cross Defendant-Respondent, and TH Services, an Oregon limited liability company, Defendant-Cross Claimant/Counter Claimant-Respondent.

Court of Appeals of Oregon.

July 3, 2024.

Attorney(s) appearing for the Case

Ruth A. Casby argued the cause for appellant. Also on the briefs were Janet M. Schroer and Hart Wagner LLP.

Christian E. Hearn, Ashland, argued the cause for respondents Mytie LLC and Phil Nies. Also on the brief was Davis Hearn Anderson & Selvig, PC.

No appearance for respondents Rogue Agrisource LLC and TH Services.

Before Tookey, Presiding Judge, Egan, Judge, and Kamins, Judge.

Appellant Fitzgerald was appointed as the receiver in a receivership proceeding brought by plaintiffs. The trial court dismissed the receivership proceeding after the parties stipulated that they no longer wished to pursue the matter. Fitzgerald filed a motion seeking relief from the dismissal under ORCP 71 A and ORCP 71 B(1)(a), and he...

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