Whitaker v. Bank of Newport

The issue in this case is whether plaintiffs’ claim against defendants for “conspiracy” is barred on the ground of claim preclusion. The trial court concluded that it was and granted defendants’ motion for summary judgment. The Court of Appeals affirmed. Whitaker v. Bank of Newport, 101 Or App 327, 790 P2d 1170 (1990). We also affirm.

On review of defendants’ summary judgment motion, we review the facts in the light most favorable to plaintiffs, the persons against whom summary judgment was granted. Computer Concepts, Inc. v. Brandt, 310 Or 706, 709, 801 P2d 800 (1990). Plaintiffs pleaded the…