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MASTERS v. SECRETARY OF STATE

85-CV-334; CA A40876.

744 P.2d 1309 (1987)

88 Or.App. 221

Roy MASTERS, Appellant, v. SECRETARY OF STATE of the State of Oregon, Respondent.

Court of Appeals of Oregon.

Decided November 12, 1987.

Attorney(s) appearing for the Case

Charles O. Porter, Eugene, argued the cause and filed appellant's reply brief.

Roy Masters, pro se.

John R. Reuling, Jr., Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

Plaintiff appeals from a judgment of the trial court dismissing his complaint against the Secretary of State for failure to state ultimate facts sufficient to constitute a claim, ORCP 21 A(8), for failure to bring the claim within the applicable Statute of Limitations, ORCP 21 A(9), and as being sham, ORCP 21 E. We affirm.

His first claim for relief alleges a violation of the Secretary's duty imposed by ORS 251.055:

"(1)...

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