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NIELSEN v. MYERS

9904573 CV; A113071.

90 P.3d 628 (2004)

193 Or. App. 388

Dan NIELSEN, Ray Sweat, and Shara Sweat, Appellants, and Quincy Newman and Darrel Micka, deceased, Plaintiffs, v. Hardy MYERS, Thomas K. Elden, and Steve Sandercock, Defendants, and State Of Oregon, Respondent.

Court of Appeals of Oregon.

Decided May 12, 2004.

Attorney(s) appearing for the Case

William R. Goode argued the cause and filed the brief for appellants.

Judy C. Lucas, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before HASELTON, Presiding Judge, and LINDER and WOLLHEIM, Judges.

LINDER, J.

Plaintiffs in this case participated in a "gifting club" in which they and others paid cash—either $2,000 or $6,000—to obtain a position on a pyramid-shaped "board" in the hope that they might eventually move to the top of the board and receive a large return (more than $13,000) on their investment. Their success in reaching the top depended on a sufficient number of additional individuals being recruited...

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