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McDONALD v. CSD

83-3-324; CA A30128.

694 P.2d 569 (1985)

Gweneth McDonald and Gene McDonald, Husband and Wife, Appellants, v. STATE of Oregon, By and Through CHILDREN'S SERVICES DIVISION, Phil Niemeyer, Hermiston School District No. 8R, Jim Bates, Dan Bakker, and Mrs. Wisser, Respondents.

Court of Appeals of Oregon.

Decided January 23, 1985.

Reconsideration Denied March 8, 1985.

Attorney(s) appearing for the Case

Milo Pope, Mount Vernon, argued the cause for appellants. On the briefs were Mike Kilpatrick and Kilpatricks & Pope, Mount Vernon.

W. Eugene Hallman, Pendleton, argued the cause for respondents Hermiston School District No. 8R, Jim Bates, Dan Bakker and Mrs. Wisser. On the brief were Joel S. DeVore and Mautz & Hallman, Pendleton.

Robert W. Muir, Asst. Atty. Gen., Salem, argued the cause for respondent, State of Oregon, Children's Services Division, and Phil Niemeyer. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before BUTTLER, P.J., JOSEPH, C.J., and WARREN, J.

WARREN, Judge.

Plaintiffs brought this tort action to recover damages claimed to have been caused by defendants' reporting to Children's Services Division their belief that plaintiffs' child had suffered abuse. All defendants are either public bodies or officers, employes or agents of a public body. Plaintiffs appeal from a judgment in defendants' favor, entered after the court granted their motions to dismiss. Defendants State of Oregon, CSD, Niemeyer, Hermiston...

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