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BECKER v. NORTH'S RESTAURANTS, INC.

96-3494-L-3; CA A96435

967 P.2d 1246 (1998)

157 Or. App. 136

Thomas R. BECKER, Brian McElmore, and William R. Bagley Pension Plan, dba Rampac, an Oregon corporation, Respondents, v. NORTH'S RESTAURANTS, INC., an Oregon corporation, Appellant.

Court of Appeals of Oregon.

Decided November 4, 1998.

Attorney(s) appearing for the Case

Helen T. Dziuba argued the cause for appellant. With her on the briefs were Barry P. Caplan and Sussman, Shank, Wapnick, Caplan & Stiles.

David B. Paradis argued the cause for respondents. With him on the brief were Douglass H. Schmor and Brophy, Mills, Schmor, Gerking & Brophy, LLP.

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

LINDER, Judge.

This is a breach of contract action involving a convertible subordinated debenture agreement. On cross-motions for summary judgment, the trial court ruled in plaintiff's1 favor, concluding that defendant's default on scheduled interest payments breached the terms of the debenture agreement. The trial court also determined that, although entitled to judgment, plaintiff is not entitled to payment (i.e., to enforce the...

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