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AMERICAN TIMBER & TRAD. v. FIRST NAT. BANK OF ORE.

500 P.2d 1204 (1972)

AMERICAN TIMBER & TRADING CO., On Behalf of Itself and As Representative of a Class of All Borrowers Similarly Situated, Appellant, v. FIRST NATIONAL BANK OF OREGON, a National Banking Association, Respondent. Lawrence Bernard, Individually, and Dr. Lawrence Bernard, Professional Corporation, On Behalf of Themselves and As Representatives of a Class of All Borrowers Similarly Situated, Appellants, v. First National Bank of Oregon, a National Banking Association, Respondent.

Supreme Court of Oregon.

Decided September 8, 1972.

Attorney(s) appearing for the Case

Henry A. Carey, Jr., and Gerson F. Goldsmith, Portland, argued the cause for appellants. With them on the briefs were Carey & Stoll, and Goldsmith, Siegel & Engel, Portland.

Norman J. Wiener, Portland, argued the cause for respondent. With him on the brief were Fredric A. Yerke, R. Alan Wight, and Miller, Anderson, Nash, Yerke & Wiener, Portland.

Jay Folberg, and Laird C. Kirkpatrick, Portland, submitted briefs amicus curiae on behalf of the Legal Aid Service, Multnomah Bar Ass'n.

Before O'CONNELL, C.J., and DENECKE, HOLMAN, TONGUE, HOWELL, BRYSON, and SCHWAB, JJ.

HOLMAN, Justice.

Plaintiff American Timber and Trading Co. brought this action on behalf of itself and all persons similarly situated. The other named plaintiffs, having a similar claim, were allowed to intervene. Defendant, First National Bank of Oregon, filed a motion which was treated by the parties and the trial court as a demurrer. The demurrer was sustained and plaintiffs, after failing to plead further, appealed from an order dismissing their complaints.

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