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HANGGI v. HARTFORD FIRE INS. CO.

9303-01347, 9303-01891, 9304-02154, 93C-10934; CA A81089 (Control), CA A81090, CA A81091, CA A82132.

889 P.2d 365 (1995)

Loren HANGGI, on Behalf of the OREGON PUBLIC EMPLOYEES RETIREMENT FUND and its beneficiaries, Appellant, v. HARTFORD FIRE INSURANCE CO., the State of Oregon and Oregon Public Employees Retirement Board, Respondents. Janice FITZKO and Clarice M. Kirkland, on Behalf of the OREGON PUBLIC EMPLOYEES RETIREMENT FUND, and its beneficiaries, Appellants, v. HARTFORD FIRE INSURANCE CO., Continental Insurance, State of Oregon and Oregon Public Employees Retirement Board, Respondents. Roy BURRIGHT, Janice Fitzko and Clarice M. Kirkland, on Behalf of the OREGON PUBLIC EMPLOYEES RETIREMENT FUND and its beneficiaries, Appellants, v. HARTFORD FIRE INSURANCE CO., Continental Insurance, State of Oregon, and Oregon Public Employees Retirement Board, Respondents. Loren HANGGI, for the Benefit of the OREGON PUBLIC EMPLOYEES RETIREMENT OREGON PUBLIC EMPLOYEES RETIREMENT FUND and its beneficiaries, Appellants, v. HARTFORD FIRE INSURANCE CO., Continental Insurance, State of Oregon and Public Employees Retirement Fund, Respondents.

Court of Appeals of Oregon.

Decided February 1, 1995.

Attorney(s) appearing for the Case

Leslie L. Wellman and Jan Wyers, Portland, argued the cause for appellants. With them on the briefs were Mark Edward Griffin, Griffin & McCandlish, Portland, William D. Brandt, Ferder, Ogdahl, Brandt & Casebeer, Salem, and Wellman & Murray, P.C., Portland.

Jan D. Sokol, Portland, argued the cause for respondents Hartford Fire Ins. Co. and Continental Ins. With him on the briefs were H. Lee Cook and Stewart Sokol & Gray.

Rives Kistler, Asst. Atty. Gen., argued the cause for respondents State of Or. and Oregon Public Employees Retirement Bd. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

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

HASELTON, Judge.

Plaintiffs, in four consolidated appeals, seek reversal of judgments dismissing their complaints for failure to state a claim. ORCP 21 A(8). Although the complaints pertain to different transactions, they are materially similar, with each alleging a battery of derivative claims based on alleged losses suffered by the Oregon Public Employees' Retirement Fund (the Fund), because of various allegedly imprudent...

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