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WHITAKER v. BANK OF NEWPORT

CC 88-1891; CA A50177; SC S37191.

836 P.2d 695 (1992)

313 Or. 450

John A. WHITAKER and Sally Whitaker, husband and wife, Petitioners on Review, and Rodney P. Everhart, their attorney, Appellant-Cross-Respondent, v. The BANK OF NEWPORT, a banking institution, Respondent, and Thiel Creek Development Company, a corporation, and Gary V. Diers, Respondents on Review.

Supreme Court of Oregon, In Banc.

Decided July 9, 1992.

Attorney(s) appearing for the Case

Michael E. Swaim, of Swaim & Betterton, P.C., Salem, argued the cause and filed the petition for petitioners on review.

J. Phillip Holcomb, Portland, argued the cause for respondents on review.

GILLETTE, Justice.

The issue in this case is whether plaintiffs' claim against defendants for "conspiracy" is barred on the ground of claim preclusion. The trial court concluded that it was and granted defendants' motion for summary judgment. The Court of Appeals affirmed. Whitaker v. Bank of Newport, 101 Or.App. 327, 790 P.2d 1170 (1990). We also...

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