PACIFIC FIRST BANK v. NEW MORGAN PARK CORP.

9010-06729; CA A71494.

857 P.2d 895 (1993)

122 Or. App. 401

PACIFIC FIRST BANK, a Federal Savings Bank, Respondent, v. The NEW MORGAN PARK CORPORATION, a Delaware corporation, Appellant.

Court of Appeals of Oregon.

Decided August 18, 1993.

Reconsideration Denied October 27, 1993.


Attorney(s) appearing for the Case

James H. Clarke, Portland, argued the cause for appellant. With him on the briefs were Wayne Hilliard, David G. Hosenpud, Thomas W. Sondag and Lane Powell Spears Lubersky, Portland.

Joyce A. Harpole, Portland, argued the cause for respondent. On the brief were Barnes H. Ellis, Mary K. VanderWeele and Stoel Rives Boley Jones & Grey, Portland.

Before DEITS, P.J., and RIGGS and DURHAM, JJ.


DURHAM, Judge.

Defendant appeals from a judgment declaring, in effect, that plaintiff is defendant's tenant. We reverse.

Defendant and Pacific First Federal Savings and Loan Association (Association) were parties to a lease that provided that Association could not assign its interest without defendant's prior written consent. On July 30, 1990, Association notified defendant that, on the next day, it intended to merge into plaintiff, which was Association's...

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