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OLLISON v. WEINBERG RACING ASSOC.

A8201-00435 & A8201-00436; CA A26274.

688 P.2d 847 (1984)

69 Or.App. 653

Mary J. OLLISON, Appellant, v. WEINBERG RACING ASSOCIATION, Inc., an Oregon Corporation Dba Portland Meadows Race Course, and Oregon Concession Services, Inc., an Oregon Corporation, Respondents. Tommy Lee Nichols, Appellant, v. Weinberg Racing Association, Inc., an Oregon Corporation Dba Portland Meadows Race Course, and Oregon Concession Services, an Oregon Corporation, Respondents.

Court of Appeals of Oregon.

Decided September 12, 1984.

Attorney(s) appearing for the Case

Gregory Kafoury, Portland, argued the cause for appellants. With him on the briefs was Kafoury & Hagen, Portland.

Lisa C. Brown, Portland, argued the cause for respondent Weinberg Racing Association, Inc. With her on the brief was Black, Tremaine, Higgins, Lankton & Krieger, Portland.

James K. Belknap, Portland, argued the cause and filed the brief for respondent Oregon Concession Service, Inc.

Before RICHARDSON, P.J., and VAN HOOMISSEN and NEWMAN, JJ.

RICHARDSON, Presiding Judge.

Plaintiffs appeal judgments entered after their respective complaints were dismissed under ORCP 21A(8) for failure to state a claim. The cases have been consolidated for appeal. We reverse and remand.

The allegations of negligence in the complaints are identical. Plaintiffs allege that they were patrons of the Portland Meadows Race Course on January 23, 1980, which was "Fan Appreciation...

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