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SOLDO v. FOLLIS

CV 85-20; CA A37825.

732 P.2d 72 (1987)

83 Or.App. 470

Frank B. SOLDO and Toni J. Soldo, Appellants, v. George J. FOLLIS, Dba George's Auto Repair, Respondent.

Court of Appeals of Oregon.

Decided January 28, 1987.

Attorney(s) appearing for the Case

Dale L. Smith and Reynolds & Smith, P.C., Hermiston, submitted the brief for appellants.

No appearance for respondent.

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

YOUNG, Judge.

The trial court allowed defendant's motion for judgment on the pleadings, ORCP 21 B, and dismissed the amended complaint with prejudice. The basis for the ruling was that plaintiffs had failed to file a reply to the answer which contained an affirmative defense. Plaintiffs appeal, and we reverse.1

Plaintiffs' amended complaint alleges fraud and unlawful trade practices, ORS 646.605 to ORS 646.656, concerning repairs...

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