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AMERICAN COMMERCIAL v. UNITED STATES NATIONAL BK.

500 P.2d 1208 (1972)

AMERICAN COMMERCIAL, Inc., On Behalf of Itself and As Representative of a Class of All Borrowers Similarly Situated, Appellant, v. UNITED STATES NATIONAL BANK OF OREGON, a National Banking Association, Respondent.

Supreme Court of Oregon.

Decided September 8, 1972.

Attorney(s) appearing for the Case

William E. Hurley and Henry A. Carey, Jr., Portland, argued the cause for appellant. With them on the briefs were Bernard, Hurley, Hodges & Kneeland, and Carey & Stoll, Portland.

William M. McAllister, Portland, argued the cause for respondent. With him on the brief were Charles F. Hinkle, and Davies, Biggs, Strayer, Stoel & Boley, Portland.

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

PER CURIAM.

The factual situation alleged, the legal posture, and the issues in this appeal are substantially the same as those in the case of American Timber & Trading Co. v. First National Bank of Oregon, Or. 1972, 500 P.2d 1204, which was decided this day. Therefore, the disposition of that case is determinative of the instant case.

The judgment of the trial court dismissing plaintiff's complaint...

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