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EVERTS v. HOLTMANN

A8004-01985; A25429.

667 P.2d 1028 (1983)

64 Or.App. 145

Edwin C. and Joann EVERTS, Trustees of Edwin C. Everts, M.D., P.C. Pension Trust; and Glen Milligan and Gary Delorit, Trustees of the East Portland Ear, Nose & Throat Clinic, P.C., Profit Sharing and Pension Trust, Appellants, v. Ferd H. HOLTMANN, C. Henri Labbe, Defendants and Third-Party Plaintiffs. Jack A. McLeod, Defendant and Third-Party Plaintiff, Respondent, v. Richard Bogumil, Third-Party Defendant.

Court of Appeals of Oregon.

Decided August 3, 1983.

Reconsideration Denied October 14, 1983.

Attorney(s) appearing for the Case

S. Ward Greene, Portland, argued the cause for defendant and third-party plaintiff, respondent. With him on brief were Greene & Perris, and Marjorie Anne Speirs and McMenamin, Joseph, Babener & Carpenter, Portland.

Peter C. Richter, Portland, argued the cause for appellants. With him on brief were James N. Westwood, and Miller, Nash, Yerke, Wiener & Hager, Portland.

Before RICHARDSON, P.J., and VAN HOOMISSEN and NEWMAN, JJ.

VAN HOOMISSEN, Judge.

Plaintiffs, trustees of two pension and profit sharing trusts, brought this action, alleging that defendants had unlawfully offered and sold securities to the trusts in violation of ORS 59.115(1)(b) and ORS 59.115(3).1 The trial court gave a summary judgment in favor of defendant McLeod, and plaintiffs appeal.2 The issue is whether McLeod sustained...

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