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CAPLENER v. U.S. NAT. BANK

CC A8511-06801; CA A65555; SC S39422.

857 P.2d 830 (1993)

317 Or. 506

Doyle CAPLENER, John V. Caplener, Thomas G. Marks, Trustee of the bankruptcy estate of Michael L. Caplener; Caplener Brothers, an Oregon partnership, Petitioners on Review, v. UNITED STATES NATIONAL BANK OF OREGON, a national banking association, Respondent on Review.

Supreme Court of Oregon, In Banc.

Decided September 2, 1993.

Attorney(s) appearing for the Case

Michael L. Williams, Portland, argued the cause for petitioners on review. With him on the petition were Robert S. Sola, and Williams & Troutwine, P.C., Portland.

Gary Roberts, of Schwabe, Williamson & Wyatt, Portland, argued the cause and filed responses for respondent on review.

Helen T. Dziuba, Portland, filed a brief for amicus curiae Oregon Trial Lawyers Ass'n.

VAN HOOMISSEN, Judge.

This is an action by a partnership (Caplener Brothers), two of three individual partners, and the trustee of the bankruptcy estate of Michael Caplener, the third partner, against the United States National Bank (Bank) for damages allegedly caused by Bank's breach of an oral agreement to lend money to the partnership. The trial court dismissed some of plaintiffs' claims on the pleadings, entered summary judgment for Bank on others, and entered...

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