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FUNKHOUSER v. WELLS FARGO CORP.

020808198; A134168.

197 P.3d 592 (2008)

224 Or. App. 308

Karla FUNKHOUSER and Suzanne Pearce, Plaintiffs-Appellants, v. WELLS FARGO CORPORATION, Norwest Corporation and Wells Fargo & Company, Defendants, and Wells Fargo Bank, N.A., Defendant-Respondent.

Court of Appeals of Oregon.

Decided December 3, 2008.

Attorney(s) appearing for the Case

John P. Crowell argued the cause for appellants. With him on the briefs was Mark C. Rutzick.

Rodney Patula argued the cause for respondent. With him on the brief were George S. Pitcher, Portland, and Williams, Kastner & Gibbs PLLC.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and DEITS, Judge pro tempore.

SCHUMAN, J.

Plaintiffs' original employment contract with defendant Wells Fargo Bank allowed them to accumulate unused sick leave.1 After the bank merged with another company and assumed a new corporate identity (also called Wells Fargo), the successor entity terminated the original contract and replaced it with one under which plaintiffs could not use their accumulated sick leave. Plaintiffs brought this action, arguing that their accumulated...

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