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UNITED STATES NAT. BANK OF OREGON v. FOUGHT

No. A7708-11180; CA 14150.

612 P.2d 754 (1980)

46 Or.App. 635

UNITED STATES NATIONAL BANK OF OREGON, a National Banking Association, Appellant — Cross-Respondent, v. John A. FOUGHT, Jr., and James A. Jones, Dba John Fought & Co., a Partnership, Respondents — Cross-Appellants.

Court of Appeals of Oregon.

Decided June 16, 1980.

Attorney(s) appearing for the Case

William M. McAllister, Portland, argued the cause for appellant — cross-respondent. With him on the brief was Richard C. Josephson, Portland.

Daniel F. Knox, Portland, argued the cause for respondents — cross-appellants. On the brief were Souther, Spaulding, Kinsey, Williamson & Schwabe, Kenneth E. Roberts and Ridgway K. Foley, Jr., Portland.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.

GILLETTE, Presiding Judge.

This was an action by the plaintiff bank1 against two certified public accountants. The trial judge entered judgment for defendants, and plaintiff appeals. The determinative issue is whether the plaintiff bank pled and proved that the defendants defrauded the bank. While the trial court found that the defendants' conduct was "on the very edge of fraud," the court held for the defendants because it determined...

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