BERNARD v. FIRST NATIONAL BANK OF OREGON


550 P.2d 1203 (1976)

Lawrence BERNARD, an Individual, et al., Respondents, v. FIRST NATIONAL BANK OF OREGON, a National Banking Association, Appellant. Hallinan Lumber Company, an Oregon Corporation, Respondent, v. United States National Bank of Oregon, a National Banking Association, Appellant.

Supreme Court of Oregon.

Decided June 4, 1976.


Attorney(s) appearing for the Case

Norman J. Wiener and Fredric A. Yerke, Portland, argued the cause for appellant First Nat. Bank of Oregon. With them on the briefs were R. Alan Wight, and Miller, Anderson, Nash, Yerke & Wiener, Portland.

William M. McAllister, Portland, argued the cause for appellant U.S. Nat. Bank of Oregon. With him on the briefs were Charles F. Hinkle, and Davies, Biggs, Strayer, Stoel & Boley, Portland.

Albert E. Levy, Portland, argued the cause for respondents. On the brief were Henry A. Carey, Jr., Brad Littlefield, and Goldsmith, Siegel, Engel & Littlefield, Portland.

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


HOLMAN, Justice.

Plaintiff Bernard and three other plaintiffs filed an action on behalf of themselves and all other borrowers similarly situated against the First National Bank of Oregon to recover "overcharges of interest." Plaintiff Hallinan Lumber Company filed a similar class action against the United States National Bank of Oregon, and the cases were consolidated for trial. The trial court entered an order allowing the actions to proceed as class actions and...

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