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FIRST COMMERCE v. NIMBUS CENTER ASSOC.

No. C931118CV; CA A93182.

958 P.2d 850 (1998)

153 Or. App. 561

FIRST COMMERCE OF AMERICA, INC., an Oregon corporation, Plaintiff, v. NIMBUS CENTER ASSOCIATES, an Oregon joint venture consisting of George H. Killian and Joseph W. Angel, George H. Killian, Joseph W. Angel, William R. Robinson, Constance A. Robinson, Chester Robinson Trust, Evelyn Z. Robinson and Washington County, a political subdivision of the State of Oregon, Defendants. NIMBUS CENTER ASSOCIATES, an Oregon joint venture consisting of George H. Killian and Joseph W. Angel, George H. Killian and Joseph W. Angel, Appellants, v. NATIONAL MORTGAGE CO., an Oregon corporation, Respondent.

Court of Appeals of Oregon.

Decided April 22, 1998.

Attorney(s) appearing for the Case

John J. Dunbar, Portland, argued the cause for appellants. With him on the briefs were Jacob Tanzer, William A. Drew, Ball Janik LLP, Gary M. Berne, David A. Lokting and Stoll Stoll Berne Lokting & Shlachter.

William G. Wheatley, Eugene, argued the cause for respondent. With him on the brief were Lloyd W. Helikson and Jaqua & Wheatley, P.C.

Before RIGGS, P.J., and DEITS, C.J., and LANDAU, Judge.

LANDAU, Judge.

Plaintiff First Commerce of America, Inc. (First Commerce), initiated this action to collect on a loan to defendants, Nimbus Center Associates (Nimbus) and its principals. Defendants initiated a third-party action against third-party defendant National Mortgage Co. (National). The trial court entered summary judgment in favor of National and dismissed the third-party claims. Plaintiff and defendants then agreed to the dismissal of the primary claims...

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