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UNITED STATES NAT. BANK OF OREGON v. FOUGHT

CA 14150; SC 27155.

630 P.2d 337 (1981)

291 Or. 201

UNITED STATES NATIONAL BANK OF OREGON, a National Banking Association, and Investment Service Company, a Wholly-Owned Subsidiary, Respondents, v. John A. FOUGHT, Jr., and James A. Jones, Dba John Fought & Co., a Partnership, Petitioners.

Supreme Court of Oregon.

Decided June 23, 1981.

Attorney(s) appearing for the Case

John R. Faust, Jr., Portland, argued the cause, for petitioners. With him on the briefs were Kenneth E. Roberts, Ridgway K. Foley, Jr., and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

William H. McAllister, Portland, argued the cause, for respondents. With him on the briefs were Richard C. Josephson, and Stoel, Rives, Boley, Fraser & Wyse, Portland.

Before HOWELL, P.J., and LENT, LINDE, PETERSON, and TANZER, JJ.

LENT, Justice.

This is an action at law for damages allegedly resulting from misrepresentation. The case was tried without a jury, and the trial judge made findings of fact, from which he concluded that plaintiff1 was not entitled to prevail and therefore entered judgment for defendants. Upon plaintiff's appeal, the Court of Appeals held that plaintiff had pleaded and proved a cause of action...

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