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McKEE v. GILBERT

No. A8011-06240; CA A23585.

661 P.2d 97 (1983)

62 Or.App. 310

Douglas L. McKee, Richard E. Cohn, and Fred M. Murrell, Appellants, v. Kerry S. GILBERT, Properties Personnel, Inc., an Oregon Corporation, Paul E. Christensen, Allan R. Pike, David P. Weiner, Stanley M. Samuels, Rosalie B. Gilbert, George L. Campf, Frederic G. Wessinger, William Garnjobst, James D. Hurst, Richard Herrera, Warren H. Ashmann, Joseph Harel, Hyman Evans, Lilly Evans, and N. Dickson Davis, Respondents.

Court of Appeals of Oregon.

Decided March 23, 1983.

Attorney(s) appearing for the Case

Paul R. Meyer, Portland, argued the cause for appellants. With him on the briefs were Jan D. Sokol and Kobin & Meyer, P.C., Portland.

Frederick T. Smith, Portland, argued the cause for respondents Kerry S. Gilbert, Properties Personnel, Inc., an Oregon Corp., Paul E. Christensen, Allan R. Pike, David P. Weiner, Stanley M. Samuels, Rosalie B. Gilbert, George L. Campf, Frederic G. Wessinger, William Garnjobst, James D. Hurst and Richard Herrera. With him on the brief was David D. Park, Portland.

Jeffrey M. Batchelor, Portland, argued the cause for respondents Warren H. Ashmann and Joseph Harel. With him on the brief were George L. Kirklin and Spears, Lubersky, Campbell & Bledsoe, Portland.

Lawrence I. Evans, Portland, waived appearance for respondents Hyman Evans and Lilly Evans.

Morton H. Zalutsky and Zalutsky & Klarquist, P.C., Portland, waived appearance for respondent N. Dickson Davis.

Before RICHARDSON, P.J., JOSEPH, C.J., and VAN HOOMISSEN, J.

RICHARDSON, Presiding Judge.

Plaintiffs brought an action to rescind a sale agreement and for other relief based on allegations of unauthorized actions and breaches of fiduciary duties by partners. The parties filed cross-motions for summary judgment; plaintiffs appeal orders granting defendants summary judgment, denying them summary judgment and dismissing their complaint.1 We conclude that summary judgment for defendants was improperly...

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