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PATTON v. J.C. PENNEY CO.

No. 83-11-221; CA A33254.

707 P.2d 1256 (1985)

David PATTON, Appellant, v. J.C. PENNEY CO., Inc., a Delaware Corporation; Wallace McKay; and Richard Chapin, Respondents.

Court of Appeals of Oregon.

Argued and Submitted May 15, 1985.

Reconsideration Denied December 6, 1985.

Attorney(s) appearing for the Case

James J. Roberson, Lake Oswego, argued the cause and filed the briefs for appellant.

Jeffrey M. Batchelor, Portland, argued the cause for respondents. With him on the brief were Richard F. Liebman, and Spears, Lubersky, Campbell, Bledsoe, Anderson & Young, Portland.

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

VAN HOOMISSEN, Judge.

This is an action for wrongful discharge and outrageous conduct. Plaintiff appeals from a judgment dismissing his complaint for failure to state a claim. ORCP 21 A.1 The dispositive issue is whether the complaint, construed under the assumption that the well-pleaded facts are true, states a claim. That is a question of law. See Paddack v. McDonald, 294 Or. 667, 672,

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