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DAVIS v. SURCAMP

16-83-08092; CA A39049.

738 P.2d 1006 (1987)

86 Or.App. 310

Henry A. DAVIS, Appellant, v. Lou A. SURCAMP, Dba Surcamp Logging, Respondent.

Court of Appeals of Oregon.

Decided July 8, 1987.

Attorney(s) appearing for the Case

Steve P. Chez, Eugene, argued the cause for appellant. With him on the brief was Chez & Carp, Eugene.

Robert A. Miller, Springfield, argued the cause and filed the brief for respondent.

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

YOUNG, Judge.

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

Plaintiff alleged that on December 3, 1981, while in the employ of defendant, he suffered a compensable injury. On March 30, 1982, he was released to return to work. He notified defendant of his availability for work, but defendant refused...

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