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JOHNSON v. ASSURED EMPLOYMENT, INC.

558 P.2d 1228 (1977)

277 Or. 11

William Clark JOHNSON, Appellant, v. ASSURED EMPLOYMENT, INC., an Oregon Corporation, and Frank Leonetti, Respondents.

Supreme Court of Oregon, In Banc.

Decided January 13, 1977.

Attorney(s) appearing for the Case

Rees C. Johnson, Portland, argued the cause for appellant. With him on the brief were David S. Shannon, and Shannon, Johnson & Sharp, Portland.

No appearance for respondents.

Before DENECKE, C.J., and McALLISTER, HOLMAN, TONGUE, HOWELL, BRYSON and BOHANNON, JJ.

HOLMAN, Justice.

Plaintiff brought this action to recover funds paid to defendants for the purchase of a franchise plus damages. The action was brought in two counts: the first count requested recovery under the Oregon Securities Law, ORS ch. 59, and the second count sought recovery on a common law fraud theory.

The count brought under the Oregon Securities Law was segregated and tried and resulted in an order of...

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