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VAN DE HEY v. U.S. NATIONAL BANK

CC 16-89-04913; CA A62152; SC S37349.

829 P.2d 695 (1992)

313 Or. 86

Roche J. VAN DE HEY, Arvilla K. Van De Hey, husband and wife; Roche J. Van De Hey, Trustee of Van De Hey Track Transport Profit Sharing Trust; Roche J. Van De Hey, Trustee of the Van De Hey Track Transport Pension Trust; Roche J. Van De Hey, Trustee of the Van De Hey Track Transport Defined Benefit Pension Plan; Arvilla Van De Hey, Trustee of the Van De Hey Track Transport Profit Sharing Trust; Arvilla Van De Hey, Trustee of the Van De Hey Track Transport Pension Trust; Arvilla Van De Hey, Trustee of the Van De Hey Track Transport Defined Benefit Pension Plan; and Van De Hey Transport, Inc., an Oregon Corporation, Petitioners on Review, v. UNITED STATES NATIONAL BANK OF OREGON, a national banking association, Respondent on Review.

Supreme Court of Oregon, In Banc.

Decided April 2, 1992.

Attorney(s) appearing for the Case

Paul D. Clayton, Eugene, argued the cause for petitioners on review. With him on the petition was Anderson & Clayton, Eugene.

Thomas C. Sand, Portland, argued the cause for respondent on review. With him on the response were Gregory A. Chaimov and Miller, Nash, Wiener, Hager & Carlsen, Portland.

UNIS, Justice.

Plaintiffs in this case are the trustees of employee benefit plans (the plans) subject to the Employee Retirement Income Security Act of 1974 (ERISA) (29 U.S.C. § 1001 et seq.). Plaintiffs allege that defendant induced them to violate ERISA. Defendant moved to dismiss the complaint, arguing claim preclusion, lack of jurisdiction, statute of limitations, and preemption. The trial court dismissed the complaint. The Court of Appeals affirmed...

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