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McWHORTER v. FIRST INTERSTATE BANK

No. 16-83-01030; CA A28628.

678 P.2d 766 (1984)

Robert P. McWhorter, Appellant, v. FIRST INTERSTATE BANK of Oregon, N.A., a National Banking Association, Respondent.

Court of Appeals of Oregon.

Decided March 21, 1984.

Review Denied June 5, 1984.

Attorney(s) appearing for the Case

Robert H. Fraser, Eugene, argued the cause for appellant. With him on the briefs was Luvaas, Cobb, Richards & Fraser, P.C., Eugene.

Thomas A. Balmer, Portland, argued the cause for respondent. With him on the brief were Linda M. Seluzicki, and Lindsay, Hart, Neil & Weigler, Portland.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

RICHARDSON, Presiding Judge.

Plaintiff, a vice president and branch manager of defendant, appeals a judgment entered on an order granting defendant's ORCP 21 A(8) motion to dismiss plaintiff's claim for breach of contract, breach of implied contract, outrageous conduct and deceit. The court granted the motion to dismiss for failure to state a claim on the ground that plaintiff's claim is barred by 12 U.S.C. § 24 (Fifth) (1982). We reverse in part.

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