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OPERB v. SIMAT, HELLIESEN & EICHNER

9610-08259, 9802-01053; A107124.

83 P.3d 350 (2004)

191 Or. App. 408

OREGON PUBLIC EMPLOYEES' RETIREMENT BOARD, as trustee, on behalf of the OREGON PUBLIC EMPLOYEES' RETIREMENT FUND, Respondent-Cross-Appellant, v. SIMAT, HELLIESEN & EICHNER, a Delaware corporation; Pamcorp Holdings, Inc., an Oregon corporation; Pacific Aircraft Maintenance Corporation, an Oregon corporation, aka Pamcorp; and Kenneth E. Kelley, Defendants, and Michael T. Reinbold and David J. Simon, Appellants-Cross-Respondents. Simat, Helliesen & Eichner, a Delaware corporation, Third-Party Plaintiff, v. Oregon Investment Council; Oregon Department of Treasury; and Oregon Department of Justice, Third-Party Defendant. Simat, Helliesen & Eichner, a Delaware corporation, Plaintiff, v. Port of Portland, a municipal corporation, Defendant.

Court of Appeals of Oregon.

Decided January 21, 2004.

Attorney(s) appearing for the Case

Barbee B. Lyon, Portland, argued the cause for appellant-cross-respondent Michael T. Reinbold. With him on the briefs were Jeanne M. Chamberlain and Tonkon Torp LLP.

Joseph C. Arellano, Portland, argued the cause for appellant-cross-respondent David J. Simon. With him on the briefs were Daniel L. Keppler and Kennedy, Watts, Arellano & Ricks LLP.

Jeffrey M. Batchelor, Special Assistant Attorney General, argued the cause for respondent-cross-appellant. With him on the briefs were Hardy Myers, Attorney General, Lisa A. Kaner, Special Assistant Attorney General, and Lynn R. Nakamoto, Special Assistant Attorney General.

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

HASELTON, P.J.

This complex, factually dense case concerns the construction of an aircraft maintenance facility at Portland International Airport (PDX) and the financing of a start-up company to operate that facility. Defendants Michael Reinbold and David Simon, developers of the combined project, appeal from a trial court judgment in favor of plaintiff, the Oregon Public Employees' Retirement Board (OPERB), which guaranteed the bonds that financed the project.

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