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EDWARD D. JONES & CO. v. MISHLER

(CV94-320; CA A92971).

983 P.2d 1086 (1999)

161 Or. App. 544

EDWARD D. JONES & CO., a foreign limited partnership, Appellant—Cross-Respondent, v. thomas MISHLER, Respondent—Cross-Appellant.

Court of Appeals of Oregon.

Decided July 7, 1999.

Attorney(s) appearing for the Case

G. Kenneth Shiroishi, Portland, argued the cause for appellant—cross-respondent. With him on the briefs were Frank H. Hilton and Dunn, Carney, Allen, Higgins & Tongue.

Allyn E. Brown, Newberg, argued the cause for respondent—cross-appellant. With him on the brief was Brown & Tarlow, P.C.

Before De MUNIZ, Presiding Judge, and HASELTON and LINDER, Judges.

LINDER, J.

This case involves a dispute over who should bear losses incurred as a result of checks deposited into a money market account that later were returned for insufficient funds. By way of appeal, cross-assignment of error, and cross-appeal, the parties raise and argue several related issues. Principal among them is whether an investment entity that provides its customers with accounts into which they can deposit funds and from which they can make demand withdrawals...

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