Steve MUNSON and Cal Mitchell, Plaintiffs, and
Bill Fraser, Soo Min Fay, Doug Frosch, George Marshall, Jim Rubino, Tim Shea, and John Sullivan, Plaintiffs-Appellants,
v.
VALLEY ENERGY INVESTMENT FUND, U.S., LP, a Delaware limited partnership; Vulcan Investment Holdings, LLC, a Delaware limited liability company; Rod Wimer; Scott Mackin; Robert Warburton; Todd Bright; David Owens; Robert Jones; Vulcan Power Company, a Colorado corporation; Denham Capital Management, LP, a limited partnership; Merrill Lynch Commodity Partners, LP, a limited partnership; Denham Commodity Partners Fund V, LP, a limited partnership; and ML Energy Partners, LLC, a limited liability company, Defendants-Respondents, and
Richard Rodgers, Defendant.
Court of Appeals of Oregon.https://leagle.com/images/logo.png
Argued and Submitted October 24, 2012.
Decided August 13, 2014.
Attorney(s) appearing for the Case
George W. Kelly , Eugene, argued the cause and filed the briefs for appellants.
Philip S. Van Der Weele , Portland, argued the cause for respondents Valley Energy Investment Fund, U.S., LP, David Owens, Robert Jones, Merrill Lynch Commodity Partners, LP, and ML Energy Partners, LLC. With him on the brief were Richard G. Price and K & L Gates LLP.
William F. Gary , Eugene, argued the cause for respondents Vulcan Investment Holdings, LLC, Scott Mackin, Robert Warburton, Todd Bright, Vulcan Power Company, Denham Capital Management, LP, and Denham Commodity Partners Fund V, LP. With him on the brief were Sharon A. Rudnick , Susan D. Marmaduke , and Harrang Long Gary Rudnick P.C.; and Barry Wm. Levine , Howard N. Feldman , and Dickstein Shapiro LLP, Washington, D.C.
Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and HADLOCK, Judge.
Court of Appeals of Oregon.
SERCOMBE, J.
This appeal arises from an action in which plaintiffs — common shareholders of Vulcan Power Company (Vulcan), a Colorado corporation in the business of developing geothermal power projects with its principal place of business located in Oregon1 — brought claims against Vulcan along with several of its directors, preferred shareholders, and creditors.2 Plaintiffs appeal the trial ...
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