AMERICAN TIMBER & TRADING CO. v. NIEDERMEYER


558 P.2d 1211 (1976)

276 Or. 1135

AMERICAN TIMBER & TRADING CO., Respondent, v. B.E. NIEDERMEYER, Jr., et al., Appellants. American Timber & Trading Co., Respondent-Cross-Appellant, v. B.E. Niedermeyer, Jr., and Elma Niedermeyer, Appellants-Cross-Respondents.

Supreme Court of Oregon.

Decided December 30, 1976.


Attorney(s) appearing for the Case

Thomas H. Tongue of Morrison, Dunn, Cohen, Miller & Carney, Portland, argued the cause and filed briefs for appellants/cross-respondents.

Bradley Littlefield, Portland, argued the cause for respondent/cross-appellant. With him on the briefs were Gerson F. Goldsmith, Portland, and Goldsmith, Siegel, Engel & Littlefield; and Henry A. Carey, Jr., Portland.

Before DENECKE, C.J., and McALLISTER, O'CONNELL, HOWELL, BRYSON and LENT, JJ.


HOWELL, Justice.

This appeal involves two suits which were consolidated for trial. In the first suit, the plaintiff corporation, American Timber & Trading Co. (AT&T), seeks an accounting for funds diverted from the plaintiff corporation to the defendant corporation, Vancouver Timber Investment Co. (VTI) by defendant Ben E. Niedermeyer (Ben), a former director and majority stockholder of plaintiff corporation.1 The second suit involves...

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