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ESCHLIMAN v. GAB BUSINESS SERVICE, INC.,

16-84-09300; CA A36457.

722 P.2d 60 (1986)

80 Or. App. 459

Eugene ESCHLIMAN, Appellant, v. GAB BUSINESS SERVICE, INC., a Delaware corporation, Respondent.

Court of Appeals of Oregon.

Decided July 23, 1986.

Reconsideration Denied September 26, 1986.

Attorney(s) appearing for the Case

Steven C. Yates, Eugene, argued the cause and filed the brief for appellant.

Barry Shanks, Portland, argued the cause for respondent. On the brief were James Jeffery Adams and Mitchell, Lang & Smith, Portland.

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

PER CURIAM.

Plaintiff appeals a judgment dismissing his complaint for failure to state ultimate facts sufficient to constitute a claim. ORCP 21A(8). We affirm.

Plaintiff sustained an injury, compensable under the Workers' Compensation Act on September 21, 1982. Defendant is the agency paying benefits to plaintiff for his employer. After the Statute of Limitations had run, barring plaintiff's right to maintain an action against a third party for his injuries...

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