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SAIF v. MONTGOMERY

148908; CA A61161.

814 P.2d 536 (1991)

108 Or.App. 93

THE STATE OF OREGON, by and through the State Accident Insurance Fund Corporation, an Instrumentality of the State of Oregon, Appellant-Cross-Respondent, v. Finnis Firman MONTGOMERY and Ralph Faulkner, Respondents, Charles B. Gill, Jr., and David A. Davidson, Respondents-Cross-Appellants, and Associated Oregon Loggers, Inc., an Oregon Nonprofit Corporation; Aol Services, Inc., an Oregon Corporation; Loggers Assurance Company, Inc., an Oregon Corporation Licensed to Engage in the Insurance Business in Oregon; Aol Services, Inc., an Oregon Corporation As Trustor; and Associated Oregon Loggers, Inc., an Oregon Nonprofit Corporation As Trustee of That Certain Trust Created by Agreement of August 7, 1981, Cross-Respondents.

Court of Appeals of Oregon.

Decided July 3, 1991.

Reconsideration Denied October 9, 1991.

Attorney(s) appearing for the Case

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., Salem, and William F. Gary and Sharon A. Rudnick, Sp. Asst. Attys. Gen., and Harrang, Long, Watkinson, Arnold & Laird, P.C., Eugene, filed the briefs for appellant-cross-respondent.

Finis Firman Montgomery, Eugene, filed the brief pro se.

Robert J. Custis and Custis & Adlard, Salem, filed the brief for respondent Ralph Faulkner.

William B. Crow, Bruce A. Rubin, Carolyn E. Wells, Margaret Fiorino and Miller, Nash, Wiener, Hager & Carlsen, Portland, filed the briefs for respondents-cross-appellants.

No appearance for cross-respondents Associated Oregon Loggers, Inc., AOL Services, Inc., and Loggers Assur. Co., Inc.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

RICHARDSON, Presiding Judge.

Plaintiff brought this action, which it styles as one for declaratory judgment, to recover damages for the misallocation of money and "lost corporate opportunities" that allegedly resulted from the negotiation and performance of contracts between it and Associated Oregon Loggers (AOL).1 The thrust of plaintiff's allegations is that it and AOL entered into a contractual arrangement, the primary purpose of which...

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