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Wadsworth v. Talmage

United States Court of Appeals, Ninth Circuit

December 27, 2018

John Wadsworth, individually and as trustee for RBT Victim Recovery Trust; RBT Victim Recovery Trust, Plaintiffs-Appellants,
v.
Ronald B. Talmage and Annette C. Talmage, In Default as of; Rivercliff Farm, Inc., an Oregon corporation - In Default as of; New Century Properties Ltd., In Default as of, Defendants, and United States of America, Defendant-Appellee.

          D.C. No. 3:16-cv-02082-SI

          William B. Ingram and Alan R. Houston, Strong & Hanni, Salt Lake City, Utah, for Plaintiffs-Appellants.

          Randolph L. Hutter and Thomas J. Clark, Attorneys; Richard E. Zuckerman, Principal Deputy Assistant Attorney General; Tax Division, United States Department of Justice, Washington, D.C.; for Defendant-Appellee.

          Before: William A. Fletcher, Jay S. Bybee, and Paul J. Watford, Circuit Judges.

         ORDER CERTIFYING QUESTION TO THE SUPREME COURT OF OREGON

         SUMMARY[*]

         Constructive Trust / Oregon State Law The panel certified to the Oregon Supreme Court the following question:

Under Oregon law, does a constructive trust arise at the moment of purchase of a property using fraudulently-obtained funds, or does it arise when a court orders that a constructive trust be imposed as a remedy?

          ORDER

          William A. Fletcher, Circuit Judge, Presiding.

         Pursuant to Oregon Revised Statute § 28.200, we respectfully certify the following question to the Oregon Supreme Court:

         Under Oregon law, does a constructive trust arise at the moment of purchase of a property using fraudulently-obtained funds, or does it arise when a court orders that a constructive trust be imposed as a remedy?

         We respectfully ask the Oregon Supreme Court to exercise its discretionary authority under Oregon's Uniform Certification of Questions of Law Act to accept and decide this question. See Or. Rev. Stat. §§ 28.200-.255. The certified question of law would be determinative of a cause now pending in this court and it appears to this court that there is no controlling precedent in the decisions of the Oregon Supreme Court or the Oregon Court of Appeals. Id. § 28.200.

         BACKGROUND

         I. Factual and ...


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