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BALTHROP v. BERRYMAN

16-87-08089; CA A48385.

772 P.2d 955 (1989)

96 Or.App. 354

David M. BALTHROP and William K. Balthrop, Personal Co-Representatives of the Estate of Kathleen M. Berryman, Deceased, Appellants, v. Richard BERRYMAN, Personal Representative of the Estate of Larry A. Berryman, Deceased, Lake Aircraft, Inc., a New Hampshire Corporation; Consolidated Aeronautics, Inc., a Delaware Corporation; Aerofab, Inc., a Maine Corporation, Respondents.

Court of Appeals of Oregon.

Argued and Submitted March 15, 1989.

Attorney(s) appearing for the Case

Steven C. Yates, Eugene, argued the cause for appellants. With him on the brief was Lyle C. Velure, Eugene.

Patrick Rothwell, Portland, argued the cause for respondent Richard Berryman. With him on the brief was Hallmark, Keating & Abbott, P.C., Portland.

John R. Barker, Portland, waived appearance for respondent Lake Aircraft.

Brian D. Stine, Eugene, waived appearance for respondents Consol. Aeronautics, Inc., and Aerofab, Inc.

Before GRABER, P.J., and RIGGS and EDMONDS, JJ.

EDMONDS, Judge.

Plaintiffs filed a complaint for wrongful death against defendant Berryman, as personal representative, and three corporate defendants. The complaint did not allege that plaintiffs had presented a claim to the personal representative of the estate or that such a claim had been disallowed. Defendant filed a motion to dismiss for failure to state ultimate facts sufficient to constitute a claim. ORCP 21 A(8). He argued that presenting a claim to the personal...

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