AINSLIE v. FIRST INTERSTATE BANK

9009 05735, CA A82128.

939 P.2d 125 (1997)

148 Or. App. 162

Colin D. AINSLIE, Samuel Anderson, Michael Berovic, Joan L. Betts, Trustee of the Frank E. Betts Marital Trust and the Frank E. Betts Family Trust, Thomas L. Blair, Rochelle M. Blair, Raymond Brady, C.A. Christensen, Richard D. Cohon, David S. Davies, Alice Davies, David A. Frankenfield, David P. Gambee, Frederick Hallwyler, Richard L. Hay, Douglas C. Jensen, Roland H. Jensen, Ronald Kirkpatrick, Marilyn A. Lane, Richard L. Lemke, Martha Lemke, Terry R. Lock, Joseph Mandiberg, Richard Meloy, William C. Moak, Michael Noonan, Marvin Ommert, Herbert Ormsby, Dona M. Ormsby, Franklin R. Oswald, Donald E. Petersen, Dennis Russell, Arthur Todd, and Leland Waltuck, Appellants-Cross-Respondents, v. FIRST INTERSTATE BANK OF OREGON, N.A., an Oregon banking corporation, Respondent-Cross-Appellant, and Security Pacific Bank Oregon, formerly known as The Oregon Bank, an Oregon banking corporation, Defendant. FIRST INTERSTATE BANK OF OREGON, N.A., an Oregon banking corporation, Third-Party Plaintiff, v. CLASSIC CHRISTMAS TREE ASSOCIATES, an Oregon limited partnership, Third-Party Defendant.

Court of Appeals of Oregon.

Decided May 28, 1997.


Attorney(s) appearing for the Case

John W. Stephens, Michael J. Esler and Kim T. Buckley, Portland, argued the cause for appellants-cross-respondents. With them on the briefs was Esler, Stephens & Buckley.

Jeffrey M. Batchelor, Portland, argued the cause for respondent-cross-appellant. With him on the briefs were James H. Clarke, Richard H. Williams, Dian R. Rogers and Lane Powell Spears Lubersky.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.


DEITS, Presiding Judge.

Plaintiffs appeal and defendant First Interstate Bank (First Interstate)1 cross-appeals from the judgment for plaintiffs in this action for breach of fiduciary duty, breach of contract, violation of the Oregon Securities Law, ORS chapter 59, and violation of the Oregon Racketeer Influenced and Corrupt Organization Act (ORICO). ORS 166.715 to ORS 166.735. The action arose...

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