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BENJ. FRANKLIN FED. S & L ASS'N v. DOOLEY

SC 26370.

601 P.2d 1248 (1979)

287 Or. 693

BENJ. FRANKLIN FEDERAL SAVINGS AND LOAN ASSOCIATION, a Corporation, Plaintiff-Relator, v. The Honorable Pat DOOLEY, Judge of the Circuit Court of the State of Oregon for Multnomah County, Defendant, Derenco, Inc., a Nevada Corporation, Intervenor.

Supreme Court of Oregon, In Banc.

Decided October 30, 1979.

Attorney(s) appearing for the Case

James H. Clarke, Portland, argued the cause for plaintiff-relator. With him on the brief were Wayne Hilliard and Spears, Lubersky, Campbell & Bledsoe, Portland. Also on the brief was C.E. Wheelock, of Wheelock, Niehaus, Hanna, Murphy & Green, Portland.

Patrick E. Dooley, Portland, filed a brief pro se.

Henry A. Carey, Portland, argued the cause for intervenor Derenco, Inc. With him on the briefs were Jeffrey L. Kleinman, Portland, and Edward L. Fitzgibbon, of Fitzgibbon & Morrell, Portland.

HOWELL, Justice.

This is an original proceeding in mandamus to require the defendant circuit judge to set aside an order regarding statements of claims to be filed by class members in a class action against plaintiff-relator Benj. Franklin Federal Savings and Loan Association.

The present controversy stems from the case of Derenco, Inc. v. Benj. Franklin Fed. Sav. and Loan, 281 Or. 533, 577 P.2d 477, cert. denied...

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