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JOLMA v. STEINBOCK

No. 424-330; CA 11573.

596 P.2d 980 (1979)

40 Or.App. 657

Lawrence N. JOLMA, Dba Lawrence N. Jolma Co., Robert L. McFarlane, John Shaw Company of Oregon, an Oregon Corporation, R.L. McFarlane Co., an Oregon Corporation, and Bollons & Poss, Inc., an Oregon Corporation, Appellants, v. Abe L. STEINBOCK, Dorothy Steinbock, and Charlotte Blum, Co-Partners Dba Cardinal Enterprises, Daniel R. Adams, Curtis Walker, Aztec Empire Corporation, an Oregon Corporation, Adams, Walker & Marlow, Inc., an Oregon Corporation, Executive Management Corp., an Oregon Corporation, and United Empires Corporation, an Oregon Corporation, Respondents.

Court of Appeals of Oregon.

Decided June 18, 1979.

Attorney(s) appearing for the Case

John S. Folawn, Portland, argued the cause for appellants. With him on the briefs were John H. Holmes, and Jensen, DeFrancq, Holmes & Schulte, Portland.

David A. Rhoten, Salem, argued the cause for respondents Abe L. Steinbock, Dorothy Steinbock, and Charlotte Blum, co-partners dba Cardinal Enterprises. With him on the brief was Rhoten, Rhoten & Speerstra, Salem.

Glenn H. Prohaska, Portland, argued the cause for respondents Daniel R. Adams, Curtis Walker, Aztec Empire Corp., an Oregon Corporation, Adams, Walker & Marlow, Inc., an Oregon Corporation, Executive Management Corp., an Oregon Corporation, and United Empires Corporation, an Oregon Corporation. With him on the brief was Day, Prohaska & Case, P.C., Portland.

Before SCHWAB, C.J., and BUTTLER and JOSEPH, JJ.

BUTTLER, Judge.

This action arises from a series of events beginning in December, 1970, and culminating in the sale of eight apartment building complexes on December 31, 1973, for $5.1 million and the subsequent resale of those buildings on the same day for $5.7 million. There are two groups of defendants: the Steinbocks and Ms. Blum, who were co-partners in Cardinal Enterprises, which owned the properties (Cardinal Enterprises); the remaining defendants (Adams

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