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MILLER v. CITY OF PORTLAND

No. A 7602-02459; CA 10332.

592 P.2d 276 (1979)

39 Or.App. 389

Darlene M. MILLER, Plaintiff, v. CITY OF PORTLAND and Donald R. Lind, Defendants. CITY OF PORTLAND and Donald R. Lind, Third-Party Plaintiffs-Appellants, v. David ALHADEFF and Carolyn Alhadeff, d/b/a Dave's Rallye, Third-Party Defendants-Respondents.

Court of Appeals of Oregon.

Decided March 19, 1979.

Attorney(s) appearing for the Case

John S. Cavanagh, Portland, argued the cause for appellants. With him on the briefs were C. Anderson Griffith, and Jones, Lang, Klein, Wolf & Smith, Portland.

Ridgway K. Foley, Jr., Portland, argued the cause for respondents. With him on the brief were Steven H. Pratt, and Souther, Spaulding, Kinsey, Williamson & Pratt, Portland.

Before TANZER, P.J., and GILLETTE and ROBERTS, JJ.

ROBERTS, Judge.

Third-party plaintiffs (hereinafter City) appeal from the striking by the trial court of all allegations of negligence from their first and second amended complaints and from an order of the trial court allowing a motion for judgment on the pleadings and entering judgment in favor of the third-party defendants (hereinafter Alhadeffs).

The facts, as alleged by the various pleadings, are as follows. On the night of November 3, 1974 Darlene Miller...

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