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LOEWEN v. GALLIGAN

No. A9005-02822; CA A77913.

882 P.2d 104 (1994)

130 Or. App. 222

John S. LOEWEN, Leland S. Loewen, Charles Altorfer and Richard A. Dick, Appellants-Cross-Respondents, H. Elvira Loewen, Amy B. Loewen, Trustee of the Amanda Rose Loewen Trust, Alice Loskot, as Successor-in-Interest to Kenneth W. Loskot, Louise Altorfer, Appellants, v. E.B. GALLIGAN, Anthony J. Bosboom, R. Keith Douglas, John H. Geiger, Louis B. Perry, Roland W. Kueber, A.M. Gleason, Pacific Telecom, Inc., a Washington corporation, Ford Aerospace Corporation, a Michigan corporation, American Network, Inc., an Oregon corporation, ITT Corporation, a Delaware corporation, and United States Transmission Systems, Inc., a Delaware corporation, Respondents-Cross-Appellants, and Michael Holmstrom, Ben Agee, C.P. National Corporation, a California corporation, Defendants.

Court of Appeals of Oregon.

Decided September 14, 1994.

Review Denied December 27, 1994.

Attorney(s) appearing for the Case

Frederick T. Smith, Portland, argued the cause, for appellants and appellants—cross-respondents. With him on the briefs, were Christopher H. Kent, Nicholas I. Goyak and O'Connell, Goyak & DiLorenzo.

Stephen L. Griffith, Portland, argued the cause, for respondents—cross-appellants. With him on the briefs, were Joyce Ann Harpole, Stoel Rives Boley Jones & Grey, Mark A. Turner, Ater Wynne Hewitt Dodson & Skerritt, Jill S. Gelineau and Schwabe, Williamson & Wyatt.

Before WARREN, P.J., and EDMONDS and LANDAU, JJ.

WARREN, Presiding Judge.

Plaintiffs appeal from a judgment dismissing claims in their first and second amended complaints that alleged breach of fiduciary duty, negligence and violations of the Oregon Racketeer Influenced and Corrupt Organization Act, ORS 166.715 to ORS 166.735 (ORICO). ORCP 21 A(8). They also appeal from a summary judgment on their third amended complaint, which alleged claims for securities fraud, common law fraud and breach of contract.

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