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STOUT v. CITICORP INDUS. CREDIT, INC.

87C-12212; CA A61869.

796 P.2d 373 (1990)

102 Or.App. 637

John H. STOUT, Appellant, v. CITICORP INDUSTRIAL CREDIT, Inc., a Delaware Corporation, Respondent.

Court of Appeals of Oregon.

Argued and Submitted May 7, 1990.

Attorney(s) appearing for the Case

David C. Force, Salem, argued the cause for appellant. With him on the briefs were James D. Vick and Vick & Gutzler, Salem.

Richard Baroway, Portland, argued the cause for respondent. With him on the brief was Garvey, Schubert & Barer, Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

Plaintiff brought this action against defendant, as a secured party in possession, for wages allegedly unpaid by Mushroom King, Inc. (MKI). Without articulating its reasoning, the trial court granted defendant's motion to dismiss for failure to state ultimate facts sufficient to constitute a claim.1 ORCP 21 A(8). We affirm.

On review, we assume the truth of all well pleaded facts and recite them as alleged...

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