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RAJNEESH FOUNDATION v. McGREER

A8210-06678; A31894; S33111.

734 P.2d 871 (1987)

303 Or. 139

RAJNEESH FOUNDATION International, a Non-Profit Corporation, Rajneesh Neo-Sannyas International Commune, an Oregon Cooperative Corporation, and Ma Anand Sheela, Petitioners On Review, v. Rosemary McGreer, Respondent On Review. Rosemary McGreer, Respondent On Review. v. Rajneesh Foundation International, a Non-Profit Corporation, Rajneesh Neo-Sannyas International Commune, an Oregon Cooperative Corporation, Ma Anand Sheela, and Bhagwan Shree Rajneesh, Petitioners On Review.

Supreme Court of Oregon.

Decided March 31, 1987.

Attorney(s) appearing for the Case

Robert J. McCrea, Eugene, argued the cause and filed the brief for petitioner on review.

Mark K. Cushing, Portland, argued the cause for respondent on review. With him on the brief were Barbee B. Lyon and Tonkin, Torp, Galen, Marmaduke & Booth, Portland.

Before PETERSON, C.J., and LENT, LINDE, CAMPBELL, CARSON and JONES, JJ.

PETERSON, Chief Justice.

This case concerns a trial court's decision to consider the legal sufficiency of pleadings against a party in default after an order of default was entered. The Court of Appeals concluded that, even if the trial court has the authority to consider whether the pleadings state a claim for relief, that issue was not properly raised by a motion to dismiss for failure to state a claim. Rajneesh Foundation v. McGreer, 80...

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