Opinion
146,298; CA A38107
Petition for reconsideration filed August 25, 1987
Response to petition for reconsideration filed September 4, 1987 Reconsideration allowed, former opinion modified October 28, 1987
Appeal from Circuit Court, Marion County.
Clarke C. Brown, Judge.
R. Craig McMillin, and Mills McMillin, Salem, for petition.
Dale L. Crandall and Crothers, Crandall Evans, Salem, contra.
Before Warden, Presiding Judge, and Van Hoomissen and Young, Judges.
WARDEN, P.J.
Reconsideration allowed; former opinion modified and adhered to as modified.
Defendant petitions for reconsideration. ORAP 10.10. We allow reconsideration and modify our former opinion. 86 Or. App. 406, 739 P.2d 1051 (1987). Defendant points out, and counsel for plaintiffs concede in response, that the claims for relief for conversion and breach of fiduciary duty, on which we reversed the trial court, belong to plaintiff U.S. Lumber Sales, Inc., (USLS) only, and not to the named individual plaintiffs. Accordingly, we modify our former opinion to remand with instructions to enter judgment for plaintiff USLS only.
We also modify the cost award in our previous opinion to award costs to USLS only.
Reconsideration allowed; former opinion modified and adhered to as modified.