ALMADEN PLAZA ASSOCIATES, Appellant,
v.
UNITED TRUST FUND LIMITED PARTNERSHIP, a Delaware limited partnership; United Trust Fund, Inc., a Florida corporation; Sidney Domb; Fred Berliner; James Nolan; Forrest W. Simmons; Don K. Lloyd; William C. Bittick, Jr.; Deloitte & Touche; George Berliner and Lillian Berliner, Respondents.
Court of Appeals of Oregon.https://leagle.com/images/logo.png
Argued and Submitted May 17, 1993.
Decided September 29, 1993.
Attorney(s) appearing for the Case
David A. Lokting, Portland, argued the cause for appellant. With him on the briefs were N. Robert Stoll, Kevin J. Keillor and Stoll Stoll Berne & Lokting, P.C., Portland.
Garr M. King, Portland, argued the cause for respondents United Trust Fund Limited Partnership; United Trust Fund, Inc.; Sidney Domb; George Berliner and Lillian Berliner. With him on the brief was Kennedy, King & Zimmer, Portland, and Joseph A. Ingrisano and Kutak Rock & Campbell, Washington, DC.
William S. Freeman and Cooley Godward Castro Huddleson & Tatum, San Francisco, CA, join in the brief of respondents United Trust Fund Limited Partnership; United Trust Fund, Inc.; Sidney Domb; George Berliner and Lillian Berliner on behalf of respondent Deloitte & Touche.
Mildred Carmack, Portland, argued the cause for respondents Forrest Simmons, Don K. Lloyd and William C. Bittick. With her on the brief was Schwabe, Williamson & Wyatt, Portland.
Peter C. Richter, Janine C. Blatt and Miller, Nash, Wiener, Hager & Carlsen, Portland, filed the brief for respondents James Nolan and Fred Berliner.
Before WARREN, P.J., and EDMONDS and LANDAU, JJ.
Court of Appeals of Oregon.
WARREN, Presiding Judge.
Plaintiff appeals the judgment entered after the court granted partial summary judgment in favor of defendants on plaintiff's securities fraud claim. ORCP 67B. The only issue on appeal is whether, as a matter of law, the sale-leaseback package by which plaintiff purchased an office building is a security under state or federal law. The trial court held that it is not, and we affirm.
The parties do not dispute the facts. Three subsidiaries...
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