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DOTSON v. SMITH

CC 16 85-07097; CA A43518; SC S35355.

764 P.2d 540 (1988)

307 Or. 132

Yvonne DOTSON, Petitioner On Review, v. Hector E. SMITH, Defendant, and Dorothy J. Krough, Respondent On Review.

Supreme Court of Oregon.

Decided November 16, 1988.

Attorney(s) appearing for the Case

Patrick N. Rothwell, of Hallmark, Keating & Abbott, P.C., Portland, argued the cause and filed the petition for petitioner on review.

David B. Gray, of Thorpe & Swensen, Portland, argued the cause for respondent on review. On the response to the petition was Thomas K. Thorpe, Portland.

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

JONES, Justice.

This case involves two issues. The first issue is whether allegations made by plaintiff in a claim against one party defendant may be used to support an ORCP 21 A(9) motion to dismiss plaintiff's separate claim against another party defendant. We hold that the allegations in one claim may not be used to defeat allegations in a separate claim.

The second issue is whether the applicable statute of limitations is tolled pursuant to ORS 12.155...

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