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SIMPSON v. PHONE DIRECTORIES

A8301-00359; CA A37286.

729 P.2d 578 (1986)

82 Or.App. 582

Nicklis C. SIMPSON, D.M.D., Appellant, v. PHONE DIRECTORIES Co., a Foreign Corporation; Pioneer Telephone Cooperative, an Oregon Cooperative Corporation; and Gte Directories Corporation, a Delaware Corporation, Respondents.

Court of Appeals of Oregon.

Decided December 4, 1986.

Reconsideration Denied January 30, 1987.

Attorney(s) appearing for the Case

Larry N. Sokol, Portland, argued the cause for appellant. With him on the briefs were Mary Gray Holt and Jolles, Sokol & Bernstein, P.C., Portland.

Ralph R. Rayburn, Portland, argued the cause for respondents Pioneer Telephone Cooperative and GTE Directories Corporation. With him on the brief were Alan H. Johansen and Whipple, Johansen & McClain, Portland.

Respondent Phone Directories Co., pro se, waived appearance.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

WARDEN, Presiding Judge.

Plaintiff brought this action charging defendants with gross negligence and breach of contract for omitting his name from Yellow Pages telephone listings. The gross negligence claims were dismissed for failure to state ultimate facts sufficient to constitute a claim. ORCP 21 A. On the contract claims defendants filed motions for partial summary judgment, seeking enforcement of the limitation of liability clauses in the contracts. The trial...

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