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CRM COLLATERAL v. TRI-CTY. MET. TRANS. DIST. OF OR

Nos. CV 08-1266-PK(LEAD), CV 09-1135-PK.

715 F.Supp.2d 1143 (2010)

CRM COLLATERAL II, INC., Plaintiff, v. TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON, Defendant. Mark Guetzko, Lisa Guetzko, Richard Altorfer, Seedorff Masonry, Inc., Dale Kartman, Susan Kartman, and Seedorff Partnership, LLP, Plaintiffs, v. CRM Collateral II, Inc., Intervenor Plaintiff, v. Keybank National Assoc., Defendant, v. Tri-County Metropolitan Transportation District of Oregon, Intervenor Defendant.

United States District Court, D. Oregon.

May 26, 2010.

Attorney(s) appearing for the Case

Jacob S. Gill, Keith A. Ketterling, Timothy S. Dejong, Stoll Stoll Berne Lokting & Schlachter, Portland, OR, Patrick M. Roby, Elderkin and Pirnie, PLC, Cedar Rapids, IA, for Plaintiffs.

Joel A. Mullin, Timothy W. Snider, Stoel Rives, LLP, Steven K. Blackhurst, Ater Wynne, LLP, Portland, OR, for Defendant.

OPINION AND ORDER

PAUL PAPAK, Magistrate Judge.

Plaintiff CRM Collateral II, Inc. ("CRM"), and Richard Altorfer filed the lead case in this consolidated action against Tri-County Metropolitan Transportation District of Oregon ("TriMet") and KeyBank National Association ("KeyBank") on October 27, 2008. The parties' dispute arose out of Tri-Met's efforts to draw on a letter of credit as to which it was the beneficiary, KeyBank was the issuer, and CRM was the...

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