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FIRST RESOLUTION INV. CORP. v. AVERY

C072380CV; A140096 (Control), A141662.

246 P.3d 1136 (2010)

238 Or. App. 565

FIRST RESOLUTION INVESTMENT CORPORATION, a Nevada corporation, Plaintiff-Appellant Cross-Respondent, v. Robin L. AVERY, Defendant-Respondent Cross-Appellant.

Court of Appeals of Oregon.

Decided November 10, 2010.

Attorney(s) appearing for the Case

Daniel N. Gordon argued the cause and filed the briefs for appellant-cross-respondent. With him on the briefs was Daniel N. Gordon, P.C.

Bret A. Knewtson , Hillsboro, argued the cause for respondent-cross-appellant. On the briefs was Danny H. Gerlt.

Before HASELTON, Presiding Judge, and ROSENBLUM, Judge, and KISTLER, Judge Pro Tempore.

KISTLER, J. pro tempore.

Plaintiff First Resolution Investment Corporation (First Resolution) filed this action to recover a credit card debt from defendant (Avery). The trial court dismissed First Resolution's action without prejudice on the ground that another action was pending between the parties in federal court. First Resolution has appealed and Avery has cross-appealed from the resulting judgment. On First Resolution's appeal, we vacate the trial court's judgment...

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