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HILT v. BERNSTEIN

Nos. A8304 02699; CA A29842.

707 P.2d 88 (1985)

75 Or.App. 502

Kay HILT, Appellant, v. James E. BERNSTEIN and Mark E. Pengilly, Respondents.

Court of Appeals of Oregon.

Decided October 2, 1985.

Reconsideration Denied November 8, 1985.

Attorney(s) appearing for the Case

Robert A. Sacks, Portland, for appellant. With him on briefs were Jolles, Sokol & Bernstein, P.C., Portland.

Gerald R. Pullen, Portland, submitted brief for respondent James E. Bernstein.

G. Kenneth Shiroishi, Portland, for respondent Mark E. Pengilly. With him on brief were Mary Chaffin, Joan O'Neill and Black, Tremaine, Higgins, Lankton & Krieger, Portland.

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

WARDEN, Judge.

This is a malpractice action against two attorneys. Plaintiff's amended complaint contained allegations of negligence and breach of fiduciary duty against Bernstein and allegations of negligence against Pengilly. The trial court dismissed the complaint on the attorneys' respective motions to dismiss for failure to state ultimate facts sufficient to state a claim, ORCP 21A(8), and plaintiff declined to plead further. She appeals from the subsequent judgments...

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