VAN DE HEY v. U.S. NAT. BANK OF OREGON

No. E85-2346; CA A43051.

756 P.2d 1257 (1988)

91 Or.App. 547

Roche J. VAN DE HEY, Arvilla Van De Hey, Husband and Wife; Roche J. Van De Hey, Trustee of Van De Hey Track Transport Profit Sharing Trust; Roche J. Van De Hey, Trustee of the Van De Hey Track Transport Pension Trust; Roche J. Van De Hey, Trustee of the Van De Hey Track Transport Defined Benefit Pension Plan; Arvilla Van De Hey, Trustee of Van De Hey Track Transport Profit Sharing Trust; Arvilla Van De Hey, Trustee of the Van De Hey Track Transport Pension Trust; and Arvilla Van De Hey, Trustee of the Van De Hey Track Transport Defined Benefit Pension Plan, Appellants, v. UNITED STATES NATIONAL BANK OF OREGON, a National Banking Association, Respondent, v. Van De Hey Track Transport, Inc., an Oregon Corporation, Appellant.

Court of Appeals of Oregon.

June 22, 1988.


Attorney(s) appearing for the Case

Paul D. Clayton and Larry J. Anderson, Eugene, for petition and reply.

Thomas C. Sand, Gregory A. Chaimov and Miller, Nash, Wiener, Hager & Carlsen, Portland, for objections to petition.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.


RICHARDSON, Presiding Judge.

In Van De Hey v. U.S. National Bank, 90 Or.App. 258, 752 P.2d 848 (1988), we reversed the portion of the trial court's judgment which ordered foreclosure of defendant bank's security interest in collateral belonging to the employe benefit plans of which plaintiffs are trustees. The basis for our holding was that the Employee Retirement Income Security Act of...

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