Wagner v. McNeely

FILED: July 7, 1999

IN THE COURT OF APPEALS OF THE STATE OF OREGON

GLEN WAGNER and BONNIE WAGNER,

Respondents,

v.

THEODORE R. McNEELY,

Appellant.

(96 CV 0525; CA A100217)

Appeal from Circuit Court, Curry County.

Hugh C. Downer, Jr., Judge.

Argued and submitted December 7, 1998.

Margaret H. Leek Leiberan argued the cause and filed the briefs for appellant.

Roger Gould argued the cause and filed the brief for respondents.

Before Edmonds, Presiding Judge,* and Deits, Chief Judge, and Armstrong, Judge.

DEITS, C. J.

Judgment for plaintiffs on defendant's second counterclaim in second amended answer reversed and remanded; otherwise affirmed.

*Edmonds, P. J., vice Warren, P. J.