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EMMERT v. O'BRIEN

82-0388C; CA A33809.

697 P.2d 222 (1985)

72 Or.App. 752

Terry W. EMMERT, Appellant, v. Kevin O'BRIEN and Patricia O'Brien, Husband and Wife, Jerry Eastman, and Professionals "100", Inc., an Oregon Corporation, Respondents.

Court of Appeals of Oregon.

Decided March 20, 1985.

Attorney(s) appearing for the Case

Timothy J. Murphy and Gary M. Bullock, Portland, filed the briefs for appellant.

E. Andrew Jordan and Bolliger, Hamptom & Tarlow, Portland, filed the brief for respondents Kevin and Patricia O'Brien.

Joel E. Grayson, Portland, filed the brief for respondents Jerry Eastman and Professionals "100", Inc.

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

ROSSMAN, Judge.

This is an action for damages for breach of contract against defendants O'Brien and for fraud and misrepresentation against the O'Briens and the other defendants arising out of an earnest money agreement for the sale of real property.1 On defendants' motions, plaintiff's third, fourth and fifth amended complaints were dismissed, the last without leave to amend, for failing to state...

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