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HELD v. PRODUCT MFG. CO.

No. A 76-04-05165; SC 25365.

592 P.2d 1005 (1979)

286 Or. 67

Michael HELD, Appellant-Cross-Respondent, v. PRODUCT MANUFACTURING COMPANY, a corporation, and Duane Remmen, Respondents-Cross-Appellants, and Wilmer C. Highfield, Respondent.

Supreme Court of Oregon, Department No. 1.

Decided April 3, 1979.

Attorney(s) appearing for the Case

William B. Murray, Portland, argued the cause for appellant-cross-respondent. With him on the briefs was Hollis C. Ransom, Jr., Portland.

Ridgway K. Foley, Jr., Portland, argued the cause for respondents-cross-appellants Product Manufacturing Company and Duane Remmen. With him on the briefs were Donald J. Willis, and Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland.

Fred A. Granata of Dressler & Granata, Portland, argued the cause and filed a brief for respondent Highfield.

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

HOWELL, Justice.

Plaintiff filed an action in two counts against defendants; the first count alleged common law fraud and the second a violation of the Oregon Securities Act as it existed in April, 1975. The defendants demurred to both counts on the grounds they failed to state a cause of action. The trial court sustained the demurrer to the second count and overruled the demurrer to the first count. Plaintiff moved for and was granted a voluntary nonsuit as to Count...

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