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SPIESS v. JOHNSON

CV 86-254; CA A41991.

748 P.2d 1020 (1988)

89 Or.App. 289

Lowell SPIESS, Appellant, v. Richard H. JOHNSON, M.D., and Richard H. Johnson, Terrell Templeman, Bruce S. Barnes, Dba Pendleton Professional Services, Respondents, and Alta M. Case, Defendant.

Court of Appeals of Oregon.

Decided January 27, 1988.

Attorney(s) appearing for the Case

Theodore H. Heap, Portland, argued the cause and filed the brief, for appellant.

Thomas M. Christ, Portland, argued the cause and filed the brief, for respondent Richard H. Johnson, M.D.

Don G. Swink, Portland, argued the cause, for respondents Terrell Templeman and Bruce S. Barnes. With him on the brief was Sandra A. Hansberger, Portland.

Before WARDEN, P.J., JOSEPH, C.J., and VAN HOOMISSEN, J.

WARDEN, Presiding Judge.

Plaintiff brought this action, alleging five claims for relief. The trial court granted defendants' ORCP 21 A motions to dismiss all five for failure to state ultimate facts sufficient to constitute claims,1 and plaintiff appeals. We affirm in part and reverse in part.

Because the case is before us on the sufficiency of the amended complaint, we must assume the truth of all of plaintiff's pleaded allegations...

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