FIRST INTERSTATE BANK v. TEX-ARK FARMS

A8107-04620 (Control); A8107-04621; A8107-04622; A8107-04623; A8107-04624; A8107-04625; A8107-04626; A8107-04627; A8107-04628; A8107-04629; CA A26198 (Control); A26199; A26200; A26201; A26202; A26203; A26204; A26205; A26206; A26207.

692 P.2d 678 (1984)

71 Or.App. 427

FIRST INTERSTATE BANK of Oregon, N.A., a National Banking Association, Formerly Known As First National Bank of Oregon, Appellant, v. TEX-ARK FARMS, Ltd., a Texas Limited Partnership; Sunriver Farms, Inc., a California Corporation; and Smn Securities Corporation, a Texas Corporation, Defendants, N-G-M, Ltd., a Texas Limited Partnership; Ernest W. Walker; Larry Fradkin; Martin M. Katz; William A. Inglehart; Michael P. Kessler; Piping Rock Ventures; Joseph N. Tate; Tommy Moss; James E. Kirkham, Jr.; Shelby Ranly; Morton L. Susman; Charles R. Loup; Terence J. Casey; T.D. Matheny; V.H. MacDougal; and Norman Page, Respondents. First Interstate Bank of Oregon, N.A., a National Banking Association, Formerly Known As First National Bank of Oregon, Appellant, v. MOPAK FARMS, Ltd., a California Limited Partnership; and Sunriver Farms, Inc., a California Corporation, Defendants, Maurice Pack and Irving Pack, Respondents. First Interstate Bank of Oregon, N.A., a National Banking Association, Formerly Known As First National Bank of Oregon, Appellant, v. WAYNE FARMS, Ltd., a California Limited Partnership; and Wayne Robbins, Respondents, Sunriver Farms, Inc., a California Corporation, Defendant. First Interstate Bank of Oregon, N.A., a National Banking Association, Formerly Known As First National Bank of Oregon, Appellant, v. Vista Properties, a California Limited Partnership; William Doherty; Thomas F. Doherty and Gerhard H. Stehr, Respondents, Sunriver Farms, Inc., a California Corporation, Defendant. First Interstate Bank of Oregon, N.A., a National Banking Association, Formerly Known As First National Bank of Oregon, Appellant, v. CBS RANCHES, Inc., Respondent, Sunriver Farms, Inc., a California Corporation, Defendant. First Interstate Bank of Oregon, N.A., a National Banking Association, Formerly Known As First National Bank of Oregon, Appellant, v. Sunriver Ag Fund I, a California Limited Partnership; and Sunriver Farms, Inc., a California Corporation, Defendants, Donald and Lynda Middleton; Struiksma Farming, Ltd.; James and Lula Jenkins; Conrad and Elaine Haythorne; James and Mildred Lincoln; Lloyd and Iris Klowden; Cardiac Systems, Inc.; David and Linda Kaled; McNickle/Campbell Joint Venture; and B.T. and Bonnie Mills, Respondents. First Interstate Bank of Oregon, N.A., a National Banking Association, Formerly Known As First National Bank of Oregon, Appellant, v. SUNRIVER AG FUND IB, a California Limited Partnership; Bruce Coder; Bledsoe and Son Farming, Ltd; J.D. and Brenda Ford; Frances Kozin, Trustee for Edmond Kozin Family Trust; Thomas and Kathryn Kaiser; Ervin A. Apffel; W.W. Pace III; Robert K. Hall; D. Fred and Shirley Baldwin; Robert Woodworth; Bobby G. Partin; Jeff Vieth, Trustee for Amy Vieth; Albert B. Lorincz and Victor Tandoc, Respondents, Sunriver Farms, Inc., a California Corporation, Defendant. First Interstate Bank of Oregon, N.A., a National Banking Association, Formerly Known As First National Bank of Oregon, Appellant, v. Sunriver Ag Fund Ia, a California Limited Partnership; James D. and Elizabeth Fisher; Ram Mfg. Company; Zehfuss Farms; Olmi Farms Partnership; Ernest U. Meier; S.A.S. Radiological Assoc.; James D. and Anne Matteoni; D.V.S. Farming, Ltd.; Jay and Dorothy Van Ordt and Morton L. Latta, Respondents, Sunriver Farms, Inc., a California Corporation, Defendant. First Interstate Bank of Oregon, N.A., a National Banking Association, Formerly Known As First National Bank of Oregon, Appellant, v. SUNRIVER AG LEASING, a California Limited Partnership; Charles R. James; Allan and Dorothy Gilbert; Stanley E. Campbell; C. Ray Loup; Tommy Moss; Bo's Superstop, Inc.; Vivian Moss; Morris Schultz; Charles and Janet Pinkham; Thomas B. Mazur; W. Boone Vastine II; Howard J. Novick and H. Jack Grainger, Respondents, Sunriver Farms, Inc., a California Corporation, Defendant. First Interstate Bank of Oregon, N.A., a National Banking Association, Formerly Known As First National Bank of Oregon, Appellant, v. Gas Producers Liquids, Inc., a Texas Corporation, Doing Business As Giles Land and Cattle, Respondent, Sunriver Farms, Inc., a California Corporation, Defendant.

Court of Appeals of Oregon.

Decided December 19, 1984.

Reconsideration Denied February 8, 1985.


Attorney(s) appearing for the Case

Douglas M. Ragen, Portland, argued the cause for appellant. With him on the briefs were Michael E. Arthur, William H. Walters and Miller, Nash, Yerke, Wiener & Hager, Portland.

Donald J. Willis, Portland, argued the cause for respondents. With him on the brief were Ridgway K. Foley, Jr., Cynthia S.C. Shanahan and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.


GILLETTE, Presiding Judge.

In these 10 consolidated cases, First Interstate Bank of Oregon (Bank) seeks recovery for non-repayment of loans from two corporations and eight limited partnerships (hereinafter guarantors) and 72 limited partners of the eight limited partnerships (hereinafter investors). It alleges that the guarantors guaranteed the loans and that the investors had recourse liability on the guarantees.1 The trial court dismissed...

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