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EBEL v. BOLY

481 P.2d 620 (1971)

Alex A. EBEL and Lawrence and Eileen Rora, Appellants, v. Elwyn BOLY, E.H. Boly, Clara Boly, John F. Peterson, Russell A. Royer, Daniel H. Coleman, R-L Manufacturing Co., a Corporation, Roto-Lift Manufacturing Corporation, a Corporation, Roto-Lift Development Corporation, a Corporation, Keane, Haessler, Bauman & Harper, a Partnership, John Doe I, John Doe II, John Doe III, Respondents.

Supreme Court of Oregon, Department 1.

Decided March 3, 1971.

Rehearing Denied March 30, 1971.

Attorney(s) appearing for the Case

William J. Masters, Portland, argued the cause and filed a brief for appellants.

James A. Luebke and George M. Joseph, Portland, argued the cause for respondents. On the brief were George M. Joseph, Thomas S. Moore, and Morrison & Bailey, Portland.

Before O'CONNELL, C.J., and McALLISTER, HOLMAN, and HOWELL, JJ.

HOLMAN, Justice.

Plaintiffs brought an action to recover money allegedly paid for unregistered securities sold in violation of the Oregon Securities Law. The action was dismissed for lack of prosecution and the motion of plaintiffs to set aside the order of dismissal was denied. Plaintiffs purport to appeal from the order of dismissal as well as from the order denying their motion to set aside the order of dismissal and to reinstate the case.

On February 8...

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