NAITO v. NAITO

9805-03781; A107052

35 P.3d 1068 (2001)

178 Or. App. 1

Millicent NAITO, an individual and personal representative of the Estate of William S. Naito; W. Robert Naito, an individual; Terri W. Naito, an individual; Steven L. Naito, an individual; Lisa H. Naito, an individual, Respondents-Cross-Appellants, v. Samuel T. NAITO, an individual; H. Naito Corporation, an Oregon corporation; Samuel T. Naito; Verne R. Naito; James H. Meyer and David Kobos, Directors of H. Naito Corporation, Appellants-Cross-Respondents. Anne Naito-Campbell and Douglas Campbell, individuals, Respondents-Cross-Appellants, and Kenneth C. Naito, an individual, Intervention Plaintiff, v. H. Naito Corporation, an Oregon corporation, and Samuel T. Naito, an individual, Appellants-Cross-Respondents.

Court of Appeals of Oregon.

Decided November 14, 2001.


Attorney(s) appearing for the Case

Barnes H. Ellis argued the cause for appellant-cross-respondent Samuel Naito. Christopher H. Kent, Portland, argued the cause for appellants-cross-respondents H. Naito Corporation, Verne R. Naito, James H. Meyer, and David Kobos. With them on the briefs were James N. Westwood, Portland, Scott E. Crawford, Stoel Rives LLP, and Kent Conley & Rundle.

Jeffrey Bennett and Steven L. Naito, Lake Oswego, argued the cause for respondents-cross-appellants. With them on the briefs was Tarlow, Jordan & Schrader.

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


EDMONDS, P.J.

Plaintiffs1 are four shareholders of H. Naito Corporation (the corporation) and the spouses of three of them.2 In this action, they assert a number of claims against the corporation and four of its directors, who include the controlling shareholder. Defendants appeal a judgment that was based on the trial court's finding that the corporation and the controlling shareholder had acted oppressively...

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