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BOYER v. SALOMON SMITH BARNEY

(CC 0212-12721; CA A123799; SC S055192).

188 P.3d 233 (2008)

344 Or. 583

Robert J. BOYER, Petitioner on Review, v. SALOMON SMITH BARNEY, a Delaware corporation, Dean Michael Howell, and Dean K. Morrell, Respondents on Review.

Supreme Court of Oregon, En Banc.

Decided June 19, 2008.

Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause and filed the brief for petitioner on review.

Bruce L. Campbell, of Miller Nash LLP, Portland, argued the cause and filed the brief for respondents on review. With him on the brief was Thomas C. Sand.

Erin C. Lagesen, Assistant Attorney General, Salem, filed a brief for amicus curiae State of Oregon. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Robert S. Banks, Jr., Portland, filed a brief for amicus curiae Public Investors Arbitration Bar Association.

N. Robert Stoll, Gary M. Berne, and Timothy S. DeJong, of Stoll Stoll Berne Lokting & Shlachter P.C., Portland, filed a brief for amicus curiae Oregon Trial Lawyers Association.

Thomas M. Christ, of Cosgrave Vergeer Kester LLP, Portland, filed a brief for amicus curiae Oregon Association of Defense Counsel.

GILLETTE, J.

Plaintiff Robert J. Boyer sued defendants Salomon Smith Barney (Smith Barney), Dean Michael Howell, and Dean K. Morrell for negligence and breach of contract, asserting that defendants' handling of certain commodities trades caused plaintiff to suffer significant financial losses. The trial court granted defendants' motion for judgment on the pleadings as to the negligence claim. The breach of contract claim went to trial, where the jury returned a verdict...

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