
    Argued and submitted May 3,
    review dismissed as improvidently allowed August 24, 1995
    Sigitas BANAITIS, Respondent on Review, v. MITSUBISHI BANK, LTD., and Bank of California, N.A., Petitioners on Review, and Karen LESH, Defendant.
    
    (CC [ AXXXX-XXXXX ]; CA A70113; SC S41684)
    900 P2d 508
    James N. Westwood, of Miller, Nash, Wiener, Hager & Carlsen, Portland, argued the cause for petitioners on review. With him on the briefs were Michael O. Moran, Black Helterline, Portland, and Jacob Tanzer, Portland, of counsel.
    Charles J. Merten, of Merten & Associates, Portland, argued the cause for respondent on review. With him on the briefs were John Paul Graff, of Graff & O’Neil, Portland, and Glen H. Downs, Portland.
    Richard C. Busse and Scott N. Hunt, Portland, filed a brief for amicus curiae Oregon Trial Lawyers Association.
   MEMORANDUM OPINION

Review dismissed as improvidently allowed.

Van Hoomissen and Durham, JJ., would not dismiss.  