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MOUNTAIN FIR LBR. CO. v. EBI CO.

No. A8005-02910; CA A22281.

667 P.2d 567 (1983)

64 Or.App. 312

MOUNTAIN FIR LUMBER CO., Inc., an Oregon Corporation, Appellant, v. EMPLOYEE BENEFITS INSURANCE CO., a California Corporation, Respondent.

Court of Appeals of Oregon.

Decided August 10, 1983.

Resubmitted May 4, 1983.

Reconsideration Denied October 7, 1983.

Review Allowed November 1, 1983.

Attorney(s) appearing for the Case

G. Kenneth Shiroishi, Portland, argued the cause for appellant. With him on the briefs were Morrison, Dunn, Miller, Carney & Allen, Portland.

James N. Westwood, Portland, argued the cause for respondent. With him on the briefs were Fredric A. Yerke, Bruce A. Rubin, and Miller, Nash, Yerke, Wiener & Hager, Portland.

Resubmitted In Banc May 4, 1983.

YOUNG, Judge.

Plaintiff seeks damages for defendant's failure to comply with an alleged agreement for the rebate of workers' compensation insurance premiums. Plaintiff appeals following the dismissal of its first and second amended complaints on the ground that plaintiff failed to state facts sufficient to constitute a claim. ORCP 21 A. Plaintiff alleged claims for breach of contract, fraud (deceit), reformation and breach...

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