BERGER FARMS v. FIRST INTERSTATE BANK

9509-06466; CA A91677.

939 P.2d 64 (1997)

148 Or. App. 33

BERGER FARMS, an Oregon partnership; Keith A. Berger; Kenneth A. Berger; Rebecca Berger; Steven Berger, Respondents, v. FIRST INTERSTATE BANK OF OREGON, N.A., a national banking association, Appellant.

Court of Appeals of Oregon.

Decided May 7, 1997.


Attorney(s) appearing for the Case

Thomas W. Sondag, Portland, argued the cause for appellant. With him on the briefs was Lane Powell Spears Lubersky LLP.

James T. Massey, Sisters, argued the cause for respondents. On the brief were N. Robert Stoll, Keith A. Ketterling, Christine P. Hayes and Stoll Stoll Berne Lokting & Shlachter, P.C., Portland.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.


LEESON, Judge.

Defendant, a national bank, appeals from two trial court orders that denied two motions it made pursuant to section 3 of the Federal Arbitration Act (9 U.S.C. §§ 1-16) to stay plaintiffs' action and refer their claims to arbitration. The issue is whether plaintiffs' claims fall within the scope of arbitration agreements among the parties. We vacate the second order and affirm in part and reverse in part the first order.

The arbitration...

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