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SIVERS CONSTRUCTION CO. v. UNITED STATES STEEL CORP.

538 P.2d 932 (1975)

SIVERS CONSTRUCTION CO., a Washington Corporation, Appellant, v. UNITED STATES STEEL CORPORATION, a Delaware Corporation, Respondent.

Supreme Court of Oregon, In Banc.

Decided August 7, 1975.

Attorney(s) appearing for the Case

Guy J. Rappleyea, Portland, argued the cause for appellant. With him on the briefs were Black, Helterline, Beck & Rappleyea, Eric Sogge and Stephen E. Wehrly, Portland.

John R. Bakkensen, Portland, argued the cause for respondent. With him on the brief were Miller, Anderson, Nash, Yerke & Wiener, Fredric A. Yerke and David C. Culpepper, Portland.

DENECKE, Justice.

Plaintiff brought this action to recover damages suffered because of defendant's alleged violation of ORS 646.100(1)(a), prohibiting sales below cost.1 The defendant demurred to plaintiff's second amended complaint on the ground that it failed to state a cause of action. The trial court sustained the demurrer and the plaintiff chose not to plead further. The plaintiff appeals from the judgment thereafter entered.

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