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KLINICKI v. LUNDGREN

TC A7810-16086/CA A20084.

695 P.2d 906 (1985)

298 Or. 662

F.R. KLINICKI, Petitioner On Review, v. Kim S. LUNDGREN, Berlinair, Inc., an Oregon Corporation, and Air Berlin Charter Company, an Oregon Corporation, Respondents On Review. F.R. Klinicki, Respondent On Review, v. Kim S. Lundgren, Berlinair, Inc., an Oregon Corporation, Cross-Respondent, and Air Berlin Charter Company, an Oregon Corporation, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided February 20, 1985.

Attorney(s) appearing for the Case

Brad Littlefield, of Goldsmith, Siegel, Engel & Littlefield, Portland, and Lloyd B. Egenes, of O'Gara, Friedman, Egenes & Burke, San Francisco, Cal., argued the cause and filed a petition and response for petitioner on review/respondent on review F.R. Klinicki.

Janet A. Metcalf, of English & Metcalf, Portland, argued the cause and filed a petition and response for petitioner on review/respondent on review Air Berlin Charter Co.

JONES, Justice.

The factual and legal background of this complicated litigation was succinctly set forth by Chief Judge Joseph in the Court of Appeals opinion as follows:

"In January, 1977, plaintiff Klinicki conceived the idea of engaging in the air transportation business in Berlin, West Germany. He discussed the idea with his friend, defendant Lundgren. At that time, both men were furloughed Pan American pilots stationed in West Germany. They decided to...

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