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NIELSEN v. STEPHENS

(16-95-08514; CA A100578)

997 P.2d 257 (2000)

165 Or. App. 414

Edwin J. NIELSEN and Aletha C. Nielsen, Appellants, v. Del STEPHENS and Bruce Moore, Defendants, and JS Investments, Inc., an Oregon corporation, and F.J. Boresek, trustee of the F.J. Boresek Trust, Respondents.

Court of Appeals of Oregon.

Decided February 9, 2000.

Attorney(s) appearing for the Case

Paul D. Clayton, Eugene, argued the cause for appellants. With him on the briefs were Larry J. Anderson and Anderson & Clayton.

Terence J. Hammons, Eugene, argued the cause for respondents. With him on the brief was Hammons, Mills & Spickerman.

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

ARMSTRONG, J.

Plaintiffs appeal from a summary judgment dismissing their claims for fraud and breach of contract against defendants J.S. Investments, Inc. (J.S.), and F.J. Boresek, trustee of the F.J. Boresek Trust (Boresek). Plaintiffs have settled their claims against defendants Stephens and Moore, who played significant roles in the events at issue. We reverse and remand.

We state the facts most favorably to plaintiffs, the non-moving parties. See

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