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WHITAKER v. BANK OF NEWPORT

88-1891; CA A50177.

790 P.2d 1170 (1990)

101 Or.App. 327

John A. WHITAKER and Sally Whitaker, Husband and Wife, Appellants — Cross-Respondents, and Rodney P. Everhart, Their Attorney, Appellant — Cross-Respondent, v. The BANK OF NEWPORT, a Banking Institution, Respondent, and Thiel Creek Development Company, a Corporation, and Gary V. Diers, Respondents — Cross-Appellants.

Court of Appeals of Oregon.

Decided April 25, 1990.

Reconsideration Denied June 20, 1990.

Attorney(s) appearing for the Case

Michael E. Swaim, Salem, argued the cause for appellants — cross-respondents. With him on the briefs was Swaim & Betterton, P.C.

No appearance for respondent The Bank of Newport.

J. Philip Holcomb, Portland, argued the cause for respondents — cross-appellants. With him on the brief was Aitchison, Snyder & Hoag, Portland.

Before JOSEPH, C.J., and RIGGS and EDMONDS, JJ.

JOSEPH, Chief Judge.

Plaintiffs brought this action against Thiel Creek Development Company, Gary V. Diers, one of its officers (defendants), and the Bank of Newport (Bank), alleging that Bank had intentionally inflicted emotional distress on them and breached its fiduciary duty and that defendants and Bank had engaged in a conspiracy against plaintiffs. The trial court dismissed the claim against defendants on res judicata grounds and awarded them sanctions...

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