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  5. 756 P.2d 687 (1988)
 

McCARTHY v. TOMLINSON

16-85-06787; CA A44660.

756 P.2d 687 (1988)

91 Or.App. 685

Richard McCarthy and Linda McCarthy, Appellants, v. R. Sande TOMLINSON and Ronald Freeman, Respondents.

Court of Appeals of Oregon.

Decided June 22, 1988.

Attorney(s) appearing for the Case

Douglas A. Haldane, Eugene, argued the cause and filed the brief, for appellants.

Charles D. Carlson, Eugene, argued the cause, for respondents. With him on the brief were Richard A. Roseta and Flinn, Brown & Roseta, Eugene.

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

GRABER, Judge.

Plaintiffs sued defendants, who are attorneys, on a theory of money had and received, to recover fees that they had paid defendants. The trial court dismissed the complaint for failure to state a claim. Plaintiffs appeal, and we affirm.

Because this case was decided on a motion to dismiss, we accept the facts pleaded by plaintiffs as true. Sommerfeldt v. Trammell, 74 Or.App. 183, 187,

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