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CRUZE v. HUDLER

CV08090688; A145179.

267 P.3d 176 (2011)

246 Or. App. 649

Tyrone CRUZE, Sr. and Jacqueline Cruze, Trustees of The Tyrone Cruze, Sr. and Jacqueline Cruze Family Trust Agreement Dated March 6, 1987; and California National Bank Custodian FBO Tyone Cruze Ira Acct. CCT0300 and Custodian FBO Jacqueline Cruze Ira Acct. CCJ0150, Plaintiffs-Appellants, v. Martin L. HUDLER, an individual; and Charles R. Markley, an individual, Defendants-Respondents, and Covenant Partners, LLC, a Nevada limited liability company, Defendant.

Court of Appeals of Oregon.

Decided November 23, 2011.

Attorney(s) appearing for the Case

Steven L. Naito argued the cause for appellants. With him on the briefs was Tarlow Naito & Summers, LLP.

Brian R. Talcott, Portland, argued the cause for respondent Martin L. Hudler. With him on the brief was Dunn Carney Allen Higgins & Tongue LLP.

Jeffrey W. Hansen, Portland, argued the cause for respondent Charles R. Markley. With him on the brief were Joseph A. Rohner IV and Smith, Freed & Eberhard, P.C.

Before SCHUMAN, Presiding Judge, and BREWER, Chief Judge, and WOLLHEIM, Judge.

SCHUMAN, P.J.

Plaintiffs brought this action against two defendants, Martin L. Hudler and Charles R. Markley, who allegedly defrauded them by means of an investment scheme. The trial court granted summary judgment in favor of Markley on all of plaintiffs' claims, and refused to allow plaintiffs to amend their complaint to allege a racketeering claim against either defendant. Plaintiffs now appeal, arguing that the court erred...

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