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LOUIE v. STATE

No. 77-4850; CA 10606.

586 P.2d 364 (1978)

37 Or.App. 49

Jimmy LOUIE and Jean Louie, Appellants, v. STATE of Oregon, a Public Body, the Oregon Fair Plan Association, an Agency of the State of Oregon, the Board of Directors, Which Consists of Lyle Brigham, Kevin Cummings, Don Muenter, David Nelson, Jack Wright, Sandra Suvan and John Toran and Sue Shelley, Respondents.

Court of Appeals of Oregon.

Decided November 6, 1978.

Attorney(s) appearing for the Case

David V. Brewer, Eugene, argued the cause for appellants. On the brief were Richard Larson and Sahlstrom & Lombard, Eugene.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondents. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before SCHWAB, C.J., and JOHNSON, GILLETTE and ROBERTS, JJ.

JOHNSON, Judge.

This is an action alleging negligence and breach of contract against the State of Oregon, the Oregon Fair Plan Association, and individual defendants. The Oregon Fair Plan Association is an association established by ORS Chapter 735. Defendant Sue Shelley is an employee and the other individual defendants are directors of the Association. The trial court, on motion of the state, struck the material allegations of the complaint on grounds of immunity...

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