Legal Opinion

Almaden Plaza Associates v. United Trust Fund Ltd. Partnership

Court of Appeals of Oregon

Decided September 29, 1993No. 9010-06557; CA A75654Published

1Opinion of the CourtWarren, P. J.

Plaintiff appeals the judgment entered after the court granted partial summary judgment in favor of defendants on plaintiffs securities fraud claim. ORCP 67B. The only issue on appeal is whether, as a matter of law, the sale-leaseback package by which plaintiff purchased an office building is a security under state or federal law. The trial court held that it is not, and we affirm.

The parties do not dispute the facts. Three subsidiaries of First Farwest Corporation (First Farwest) owned an office building. The book value of the building was $20,265,000; the appraised market value was…

2Cases cited9 opinions

  1. Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
  2. Computer Concepts, Inc. v. BrandtOregon Supreme Court · 1990
  3. Pratt v. KrossOregon Supreme Court · 1976
  4. Bergquist v. International Realty, Ltd.Oregon Supreme Court · 1975
  5. Lavery v. KearnsDistrict Court, D. Maine · 1992

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