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DERENCO INC. v. BENJ. FRANKLIN FED. SAV. & LOAN ASS'N

577 P.2d 477 (1978)

DERENCO, Inc., a Nevada Corporation, Respondent-Cross-Appellant, v. BENJ. FRANKLIN FEDERAL SAVINGS AND LOAN ASSOCIATION, a Corporation, Appellant-Cross-Respondent.

Supreme Court of Oregon.

Argued and Submitted July 8, 1977.

Attorney(s) appearing for the Case

James H. Clarke, of Dezendorf, Spears, Lubersky & Campbell, Portland, argued the cause for appellant/cross-respondent. With him on the briefs were C.E. Wheelock, of Wheelock, Niehaus, Baines, Murphy & Oglivy; Wayne Hilliard and Vawter Parker, Portland.

James Kirkham Johns, Portland, argued the cause for respondent/cross-appellant. With him on the brief were Henry A. Carey, Michael A. Corn, Edward L. Fitzgibbon, and James W. Morrell, Portland.

John R. Faust, Jr., of Hardy, Buttler, McEwen, Weiss & Newman, Portland, filed a brief for amicus curiae Oregon Savings and Loan League.

Before DENECKE, C.J., and HOLMAN, HOWELL, LENT, and LINDE, JJ.

HOLMAN, Justice.

This is an interlocutory appeal accepted by this court under ORS 13.400. Plaintiff, Derenco, Inc., filed suit upon behalf of itself and others for an accounting of profits. The suit was certified by the trial court as a class action. The court found for plaintiff and ordered an accounting. Both sides seek review to secure a final determination of controlling issues before entertaining statements of claim from class members under ORS 13.260(2) and...

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