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BOYER v. BARNEY

021212721; A123799.

162 P.3d 1016 (2007)

213 Or. App. 560

Robert J. BOYER, Plaintiff-Appellant, v. Salomon Smith BARNEY, a Delaware corporation; Dean Michael Howell; and Dean K. Morrell, Defendants-Respondents.

Court of Appeals of Oregon, En Banc.

Resubmitted April 11, 2007.

Decided June 27, 2007.

Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause and filed the briefs for appellant.

Bruce L. Campbell, Portland, argued the cause for respondents. With him on the brief was Miller Nash LLP.

Before BREWER, Chief Judge, and EDMONDS, LANDAU, HASELTON, ARMSTRONG, WOLLHEIM, SCHUMAN, ORTEGA, and SERCOMBE, Judges, and MURPHY, Judge pro tempore.

Resubmitted En Banc April 11, 2007.

PER CURIAM.

Affirmed by equally divided court.

ARMSTRONG, J., concurring.

Plaintiff appeals a judgment on the pleadings that dismissed his negligence claim against Salomon Smith Barney and two of its employees, Howell and Morell, for conduct related to commodity trading services. ORCP 21 B. On review, our task is to determine whether the pleadings establish that plaintiff cannot prevail on his negligence...

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