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HIRSCHEY v. MENLOW

16-86-01630; CA A41904.

747 P.2d 402 (1987)

89 Or.App. 108

Glen HIRSCHEY, Lawrence Minturn, Clyde Pierce, Nathan Rubenstein, James Tapp, Terry Brant, George Dobson, Arthur Nance, William Coons, John Feuerbach, John Reiley, and John Hulsey, Appellants, v. William H. MENLOW, Ray Jones, Gerald E. Hawes, Leonard M. Jensen, and Lloyd Weeks, Respondents.

Court of Appeals of Oregon.

Decided December 30, 1987.

Attorney(s) appearing for the Case

Robert D. Woods, Eugene, argued the cause for appellants. With him on the briefs was Cass, Scott, Woods & Smith, Eugene.

Charles O. Porter, Eugene, argued the cause and filed the brief for respondents.

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

BUTTLER, Presiding Judge.

Plaintiffs appeal from a judgment dismissing their complaint for failure to state ultimate facts sufficient to constitute a claim. Because we conclude that the complaint states a claim under the federal statutes regulating electronic surveillance, we reverse and remand.

We assume that the facts pleaded in plaintiffs' complaint are true. Sommerfeldt v. Trammell, 74 Or.App. 183, 187,

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