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FIRST COMMERCE OF AMERICA v. NIMBUS CENTER

(CC C931118CV; CA A93182; SC S45921)

986 P.2d 556 (1999)

329 Or. 199

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, Petitioners on Review, v. National Mortgage Co., an Oregon corporation, Respondent on Review.

Supreme Court of Oregon.

Decided July 29, 1999.

Attorney(s) appearing for the Case

Jacob Tanzer, John J. Dunbar and Steve C. Berman, of Ball Janik LLP, and Gary M. Berne, David A. Lokting and Scott Shorr, of Stoll Stoll Berne Lokting and Shlachter P.C., Portland, filed the petitions for petitioners on review.

No appearance contra.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, KULONGOSKI, and LEESON, Justices.

LEESON, J.

Defendants Nimbus Center Associates, George H. Killian, and Joseph W. Angel (Nimbus) petitioned for review of a Court of Appeals' decision that dismissed their appeal as moot. First Commerce of America v. Nimbus Center Assoc., 153 Or.App. 561, 958 P.2d 850 (1998). After this court denied review, Nimbus petitioned for reconsideration. Although we agree with the Court of Appeals...

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