F.D.I.C. v. SMITH

(USDC CV-93-01112-HJF; USCA 95-35312; SC S43258)

980 P.2d 141 (1999)

328 Or. 420

FEDERAL DEPOSIT INSURANCE CORPORATION, a federal corporation, as manager of the FSLIC Resolution Fund, Plaintiff, v. Kenneth H. SMITH, Richard Hoffman, Robert Dene Bateman, William M. Dalton, Jack C. Darley, Stanley N. Hammer, and Robert B. Lorence, Defendants.

Supreme Court of Oregon.

Reassigned February 3 and September 16, 1998.

Decided April 22, 1999.


Attorney(s) appearing for the Case

E. Joseph Dean, of Stoel Rives LLP, Portland, argued the cause for defendants Kenneth H. Smith, Robert Dene Bateman, William M. Dalton, Jack C. Darley, Stanley N. Hammer, and Robert B. Lorence. With him on the briefs was Steven T. Lovett, Portland.

No appearance for defendant Richard Hoffman.

Kathryn Norcross, Washington, D.C., argued the cause for plaintiff Federal Deposit Insurance Corporation. With her on the brief were William R. Turnbow, of Hershner, Hunter, Moulton, Andrews & Neill, Eugene, and Ann S. Duross and Thomas L. Hindes, Washington D.C.

Lori Irish Bauman, of Ater Wynne Hewitt Dodson & Skerritt, Portland, filed a brief on behalf of amicus curiae Oregon Association of Defense Counsel.

John W. Stephens, of Esler, Stephens, and Buckley, Portland, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Association.

Before CARSON, Chief Justice, and GILLETTE, VAN HOOMISSEN, and DURHAM, Justices.


GILLETTE, J.

The questions presented in this case have been certified to us by the United States Court of Appeals for the Ninth Circuit under the Uniform Certification of Questions of Law Act, ORS 28.200 et seq., and ORAP 12.20. See generally Western Helicopter Services v. Rogerson Aircraft, 311 Or. 361, 811 P.2d 627 (1991) (discussing factors court considers in exercising discretion to...

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