MITCHELL v. BURT, VETTERLEIN & BUSHNELL

(9012-08205, 9101-00690, 9104-02049 and 9106-04072; CA A101084)

991 P.2d 47 (1999)

164 Or. App. 154

John MITCHELL, Trustee in bankruptcy for Alexander Stein and AVS Capital Funds, Ltd., Plaintiffs, v. BURT, VETTERLEIN & BUSHNELL, P. C., an Oregon professional corporation; First Interstate Bank of Oregon, N.A., a national banking association, now known as Wells Fargo Bank; Robert Burt; Eric Vetterlein; and Andrea Bushnell, Defendants. First Interstate Bank of Oregon, N.A., a national banking association, now known as Wells Fargo Bank, Cross-claim and Counterclaim Plaintiff-Respondent, v. Burt, Vetterlein & Bushnell, P.C., an Oregon professional corporation, Cross-claim Defendant-Appellant, and John Mitchell, Trustee in bankruptcy for Alexander Stein and AVS Capital Funds, Ltd., Counterclaim Defendant. Burt, Vetterlein & Bushnell, P.C., an Oregon professional corporation, Cross-claim and Counterclaim Plaintiff-Appellant, v. First Interstate Bank of Oregon, N.A., a national banking association, now known as Wells Fargo Bank, Cross-claim Defendant-Respondent, and John Mitchell, Trustee in bankruptcy for Alexander Stein and AVS Capital Funds, Ltd., Counterclaim-Defendant. Burt, Vetterlein & Bushnell, P. C., an Oregon professional corporation; Robert G. Burt; Eric H. Vetterlein; and Andrea L. Bushnell, Third-Party Plaintiffs, v. Mark A. Gordon; George V. Stein; Premium Technology, Inc., a North Carolina corporation; Premium Entertainment Network, Inc., a California corporation; and Premium T.V. International, Inc., a California corporation, Third-Party Defendants. Gregory Heinz and Vick & Gutzler, an Oregon partnership, Plaintiffs, v. John Mitchell, Trustee in bankruptcy for Alexander Stein and AVS Capital Fund, Ltd., an Oregon corporation; and Burt & Gordon, P.C., an Oregon professional corporation; Burt, Vetterlein & Bushnell, P.C., an Oregon professional corporation; George V. Stein; and Norman Sepanuk, P.C., an Oregon professional corporation, Defendants. Burt, Vetterlein & Bushnell, P. C., an Oregon professional corporation; Robert G. Burt; Eric H. Vetterlein; and Andrea L. Bushnell, Third-Party Plaintiffs, v. Mark A. Gordon; George V. Stein; Premium Technology, Inc., a North Carolina corporation; Premium Entertainment Network, Inc., a California corporation; and Premium T.V. International, Inc., a California corporation, Third-Party Defendants. Shelton Sessions and Phyllis Shelton, Plaintiffs, v. John Mitchell, Trustee in bankruptcy for Alexander Stein, aka Alex Stein; and AVS Capital Fund, Ltd.; and Burt & Gordon, P. C., an Oregon professional corporation; Burt, Vetterlein & Bushnell, P. C., an Oregon professional corporation; George V. Stein; and Norman Sepanuk, P. C., an Oregon professional corporation, Defendants. Gerald L. Veenker, Plaintiff, v. Burt, Vetterlein & Bushnell, P. C., an Oregon professional corporation; George V. Stein; and Norman Sepanuk, P. C., an Oregon professional corporation, Defendants.

Court of Appeals of Oregon.

Decided November 10, 1999.


Attorney(s) appearing for the Case

Michael O. Moran argued the cause for appellant Burt, Vetterlein & Bushnell, P.C. With him on the briefs was Black Helterline LLP.

Thomas W. Sondag argued the cause for respondent First Interstate Bank of Oregon. With him on the brief was Lane Powell Spears Lubersky LLP.

Before EDMONDS, Presiding Judge, and ARMSTRONG and KISTLER, Judges.


KISTLER, J.

The trial court allowed First Interstate Bank to interplead the proceeds from a stock sale and deposit them with the court. It also entered an order discharging First Interstate from liability as to the funds deposited. The court later held that the discharge order barred one of the claimants from bringing an independent claim for relief against First Interstate and entered judgment for the bank on that claim. We affirm the trial court's judgment on different...

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