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FLOWERS v. BANK OF AMERICA

No. A8201 00196; A 26738.

679 P.2d 1385 (1984)

67 Or.App. 791

Jack S. FLOWERS, Appellant, v. BANK OF AMERICA National Trust and Savings Association, a National Banking Association; Chen Holding Co., an Oregon Corporation, Esther Chang and James Jan Ping Tsui, Dba Uncle Chen's, Respondents.

Court of Appeals of Oregon.

Decided April 18, 1984.

Attorney(s) appearing for the Case

Carlton W. Hodges, Portland, argued the cause and submitted the briefs for appellant.

Timothy N. Brittle, Portland, argued the cause for respondents Chen Holding Co., Esther Chang and James Ping Tsui, dba Uncle Chen's. With him on the brief were Acker, Underwood & Smith, Portland.

Jeffery M. Batchelor, Portland, argued the cause for respondent Bank of America Nat. Trust and Sav. Ass'n. With him on the brief were Spears, Lubersky, Campbell, Bledsoe, Anderson & Young, Portland.

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

NEWMAN, Judge.

Plaintiff appeals from a judgment that dismissed his complaint for failure to state a claim. ORCP 21 A(8). He alleges that defendant Bank of America (Bank) negligently caused him emotional distress and that both Bank and the defendants doing a restaurant business as Chen's Restaurant (Chen) intentionally caused him emotional distress and invaded his privacy. We affirm.

Plaintiff alleges: Bank issued its Visa credit card to Cunico Corporation...

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