AMERICAN COMMERCIAL v. U.S. NAT. BK. OF ORE., 263 Or. 12 (1972)


500 P.2d 1208

AMERICAN COMMERCIAL, INC., Appellant, v. UNITED STATES NATIONAL BANK OF OREGON, Respondent.

Oregon Supreme Court.Argued June 7, 1972
Affirmed September 8, 1972

Appeal from Circuit Court, Multnomah County.

AFFIRMED.

William E. Hurley and Henry A. Carey, Jr., Portland, argued the cause for appellant. With them on the briefs were Bernard, Hurley, Hodges Kneeland, and Carey Stoll, Portland.

William M. McAllister, Portland, argued the cause for respondent. With him on the brief were Charles F. Hinkle, and Davies, Biggs, Strayer, Stoel and Boley, Portland.

Before O’CONNELL, Chief Justice, and DENECKE, HOLMAN, TONGUE, HOWELL, BRYSON, and SCHWAB, Justices.

WILLIAM M. DALE, Judge.

PER CURIAM.

The factual situation alleged, the legal posture, and the issues in this appeal are substantially the same as those in the case of American Timber Trading Co. v. First National Bank of Oregon, which was decided this day. 263 Or. 1, 500 P.2d 1204 (1972). Therefore, the disposition of that case is determinative of the instant case.

The judgment of the trial court dismissing plaintiff’s complaint is affirmed.

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