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WILCOX v. STILES

9103-01479; CA A74530.

873 P.2d 1102 (1994)

127 Or. App. 671

Brett WILCOX, Respondent—Cross-Appellant, v. Steven F. STILES, Appellant—Cross-Respondent, and Capital Realty Corp., an Oregon corporation, Respondent. Steven F. STILES, Counterclaim, Third-Party Claim and Cross-Claim Plaintiff—Appellant—Cross-Respondent, v. Brett WILCOX, Counterclaim Defendant—Respondent—Cross-Appellant, Mary Wilcox, Third-Party Defendant—Respondent, and Capital Realty Corporation, Cross-Claim Defendant. CAPITAL REALTY CORP., Cross-Claim Plaintiff, v. Steven F. STILES, Cross-Claim Defendant.

Court of Appeals of Oregon.

Decided May 4, 1994.

Attorney(s) appearing for the Case

William F. Gary, Eugene, argued the cause, for appellant—cross-respondent. With him on the briefs were Harrang, Long, Watkinson, Laird & Rubenstein, Eugene, James E. Mountain, Jr. and Milo R. Mecham, Salem.

Barnes H. Ellis, Portland, argued the cause, for respondent—cross appellant Brett Wilcox and respondent Mary Wilcox. With him on the briefs were Katherine A. McDowell and Mary K. VanderWeele.

Michael H. Simon, Karl I. Mullen and Perkins Coie, Portland, waived appearance, for respondent Capital Realty Corp.

Before DEITS, P.J., and RICHARDSON, C.J., and RIGGS, J.

RIGGS, Judge.

Defendant, Steven Stiles, a shareholder in a closely held corporation, seeks reversal of a judgment declaring that he was obligated to vote to dissolve the corporation and a judgment of specific performance ordering him to tender his shares. He also seeks a remand for entry of a judgment awarding him relief for breach of fiduciary duty and for a jury trial on his claim for breach of contract. Plaintiff, Brett Wilson, cross-appeals the denial of his claim...

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