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SANDERLIN v. CENTRAL SCH DIST. 13J OF POLK CO

487 P.2d 1399 (1971)

Kelly SANDERLIN, a Minor, by Ruby Housley, His Guardian Ad Litem, Respondent, v. CENTRAL SCHOOL DISTRICT 13J OF POLK COUNTY, Oregon, Appellant, and Bruce T. Cooper, Defendant.

Court of Appeals of Oregon, Department 1.

Decided August 26, 1971.

Attorney(s) appearing for the Case

Edward H. Warren, Portland, argued the cause for appellant. With him on the brief were Hershiser, Mitchell & Warren, Portland.

C.S. Emmons, Albany, argued the cause for respondent. With him on the brief were Emmons, Kyle, Kropp & Kryger, Albany.

Before SCHWAB, C.J., and LANGTRY and FORT, JJ.

LANGTRY, Judge.

Defendant school district appeals from an order allowing a new trial to plaintiff after a jury verdict for both defendants. Defendant Cooper did not appeal.

The assignments of error that are dispositive of this appeal are (1) that a demurrer on ground of no cause of action stated against defendant school district should have been allowed and (2) the defendant school district's motion for directed...

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