OCHOCO LUMBER CO. v. FIBREX & SHIPPING CO.

(9611-08595; CA A100466)

994 P.2d 793 (2000)

164 Or. App. 769

OCHOCO LUMBER COMPANY, a limited partnership, Appellant, v. FIBREX & SHIPPING COMPANY, INC.; Akira Saheki and Saeko Saheki, husband and wife; and United States National Bank, Respondents, and Clearwater Management Company, Inc., Defendants.

Court of Appeals of Oregon.

Decided January 5, 2000.


Attorney(s) appearing for the Case

Roger A. Lenneberg, Portland, argued the cause for appellant. With him on the briefs was Grant & Lenneberg.

Mary E. Farr, Portland, argued the cause for respondents. With her on the brief were Thomas J. Matsuda and Kell, Alterman & Runstein.

Before WOLLHEIM, Presiding Judge, and DEITS, Chief Judge, and KISTLER, Judge.


KISTLER, J.

The trial court ruled that neither the applicant nor the issuer on a standby letter of credit can be subrogated to the beneficiary's claims. The court accordingly granted defendants' motion to dismiss plaintiff's equitable subrogation claims, denied plaintiff leave to replead, and entered judgment on those claims. We reverse and remand.

In 1993, defendant Fibrex & Shipping Co., Inc., entered into an agreement to purchase timber in Montana....

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