BANAITIS v. MITSUBISHI BANK LTD

James N. Westwood, of Miller, Nash, Wiener, Hager Carlsen, Portland, argued the cause for petitioners on

With him on the briefs were Michael O. Moran, Black Helterline, Portland,

Jacob Tanzer, Portland, of

Charles J. Merten, of Merten Associates, Portland, argued the cause for respondent on

With him on the briefs were John Paul Graff, of Graff O'Neil, Portland,

Glen H. Downs,

Richard C. Busse

Scott N. Hunt, Portland, filed a brief for amicus curiae Oregon Trial Lawyers