OVERBAY v. LEDRIDGE

85-5-29884; CA A48512.

776 P.2d 29 (1989)

97 Or.App. 292

Marilyn B. OVERBAY, Appellant, v. Sam H. LEDRIDGE, R. Thomas Gooding, Phillip A. Mendiguren, and Stephen P. Riedlinger, Defendants, and Guy Smith, Jr., and Connie Wells Johnson, Respondents.

Court of Appeals of Oregon.

Decided June 21, 1989.


Attorney(s) appearing for the Case

Robert H. Harris, Portland, argued the cause for appellant. With him on the briefs was Howe, Harris & Vigna, Portland.

No appearance for respondents.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.


NEWMAN, Judge.

Plaintiff appeals a judgment dismissing her claims against defendants Smith and Johnson (defendants)1 for fraud and intentional infliction of emotional distress. She assigns as error that the court granted defendants' motions to dismiss the claims on the ground that, in each instance, plaintiff had failed to allege ultimate facts sufficient to constitute a claim. ORCP 21 A(8). We affirm.

In an earlier action, defendants...

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