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COMPUTER CONCEPTS v. BRANDT

No. A8612-07746; CA A48504.

780 P.2d 249 (1989)

98 Or.App. 618

COMPUTER CONCEPTS, Inc. Profit Sharing Plan, and Computer Concepts, Inc. Pension Plan, Appellants, v. William D. BRANDT, Marc McDevitt, McDevitt & Company Investment Corporation, Peter C. Murphy, Paragon, Inc., an Oregon Corporation, American Insurance Co., and John Does 1-6, Respondents.

Court of Appeals of Oregon.

Decided October 11, 1989.

Attorney(s) appearing for the Case

Richard S. Yugler and Robert J. McGaughey, Portland, argued the cause for appellants. With them on the briefs were Merten & Yugler and McGaughey & Kelley, Portland.

Susan K. Eggum, Portland, argued the cause for respondents William D. Brandt, Marc McDevitt and Peter C. Murphy. With her on the brief were McEwen, Gisvold, Rankin & Stewart, Richard M. Layne, Barbara J. Gazeley, Richard Baroway, Garvey, Schubert & Barer, Peter J. Burger and Hanna, Murphy, Jensen & Holloway, P.C., Portland.

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., James J. McLaughlin, Asst. Atty. Gen., and Richard D. Wasserman, Asst. Atty. Gen., Salem, filed a brief amicus curiae for the State of Or.

Robert Udziela and David Gernant, Portland, filed a brief, amicus curiae for the Oregon Trial Lawyers Ass'n.

No appearance by respondents McDevitt & Co. Inv. Corp., Paragon, Inc., American Ins. Co. and John Does 1-6.

Before BUTTLER, P.J., JOSEPH, C.J., and WARREN, J.

WARREN, Judge.

In this action plaintiffs alleged, inter alia, violations of Oregon securities law and the Oregon Racketeer Influenced and Corrupt Organization Act. ORS 166.715 to ORS 166.735 (ORICO). Plaintiffs appeal from a summary judgment on the Oregon securities law claims and the dismissal of the ORICO claim. We reverse and remand.

Plaintiffs' first complaint included two claims alleging an unlawful sale of securities under ORS 59.115 and one claim...

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