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VAN DE HEY v. U.S. NATIONAL BANK

16-89-04913; CA A62152.

793 P.2d 1388 (1990)

102 Or.App. 203

Roche J. VAN DE HEY, Arvilla K. 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 the Van De Hey Track Transport Profit Sharing Trust; Arvilla Van De Hey, Trustee of the Van De Hey Track Transport Pension Trust; Arvilla Van De Hey, Trustee of the Van De Hey Track Transport Defined Benefit Pension Plan; and Van De Hey Transport, Inc., an Oregon Corporation, Appellants, v. United States NATIONAL BANK of Oregon, a National Banking Association, Respondent.

Court of Appeals of Oregon.

Decided June 20, 1990.

Reconsideration Denied August 22, 1990.

Attorney(s) appearing for the Case

Paul D. Clayton, Eugene, argued the cause for appellants. With him on the briefs were Larry J. Anderson and Anderson & Clayton, Eugene.

Thomas C. Sand, Portland, argued the cause for respondent. With him on the brief were Gregory A. Chaimov and Miller, Nash, Wiener, Hager & Carlsen, Portland.

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

RICHARDSON, Presiding Judge.

Plaintiffs appeal from a judgment for defendant bank and assign error to the granting of the bank's motion to dismiss. We affirm.

In Van De Hey v. U.S. National Bank, 90 Or.App. 258, 752 P.2d 848 (1988),1 an earlier action arising out of the same events, we held, as relevant, that plaintiffs' claims were subject to exclusive...

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