COMPUTER CONCEPTS, INC., Profit Sharing Plan; and Computer Concepts, Inc., Pension Plan, Succeeded in Interest by Don Weidenweber, Self-Directed Individual Retirement Account, by and through Its Custodian, Piper Jaffray & Hopwood, Incorporated, Respondents On Review,
v.
William D. BRANDT; Marc McDevitt; McDevitt & Company Investment Corporation; Peter C. Murphy; and American Insurance Company, Petitioners On Review, and
Paragon, Inc., an Oregon Corporation; and John Does 1-6, Respondents (below).
Supreme Court of Oregon.https://leagle.com/images/logo.png
Argued and Submitted May 2, 1990.
Decided November 26, 1990.
Attorney(s) appearing for the Case
Susan K. Eggum, of McEwen, Gisvold, Rankin & Stewart, Portland, argued the cause, for petitioner on review William D. Brandt. With her on the petition for review and reply brief, were the following counsel for the other petitioners on review.
Richard M. Layne, of Garvey, Schubert & Barer, Portland, argued the cause, for petitioners on review Marc McDevitt, McDevitt & Co. Inv. Corp., and American Ins. Co. With him on the petition for review, was Richard Baroway, Portland.
Kevin P. O'Connell, of O'Connell & Goyak, Portland, argued the cause, for petitioner on review Peter C. Murphy. On the petition for review and reply brief, was Eric M. Bosse.
Richard S. Yugler, Portland, and Robert J. McGaughey, of O'Donnell, Ramis, Elliot & Crew, Portland, argued the cause, for respondents on review and filed the response to the petition.
James J. McLaughlin, Asst. Atty. Gen., Salem, filed a brief, on behalf of amicus curiae Dept. of Justice of State of Or. With him on the brief, were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.
Before PETERSON, C.J., and CARSON, GILLETTE, VAN HOOMISSEN, FADELEY and UNIS, JJ., and GRABER, J. Pro Tem.
Supreme Court of Oregon.
GRABER, Justice.
This case arises under the Oregon Securities Law, ORS 59.005 to 59.370, and the Oregon Racketeer Influenced and Corrupt Organization Act, ORS 166.715 to 166.735 (ORICO).1 The trial court granted summary judgment to defendants on the securities law claim, on the ground that the transaction did not involve the sale of a security.2 The court also dismissed...
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