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SULLIVAN v. KIZER

CV90-063; CA A67063.

839 P.2d 227 (1992)

115 Or. App. 206

Mike SULLIVAN, Appellant, v. Jeff KIZER, Susan Boyd, Sue Buel, Jan Fouries, Bill Hurliman, Jo McIntyre, and Wade Miller, Respondents.

Court of Appeals of Oregon, In Banc.

Resubmitted April 15, 1992.

Decided September 16, 1992.

Review Denied January 26, 1993.

Attorney(s) appearing for the Case

Robert D. Durham, Portland, argued the cause for appellant. With him on the briefs were Mark S. Toledo and Bennett & Durham, Portland.

Lisa E. Lear, Portland, argued the cause for respondents. With her on the brief were Chrys A. Martin, David A. Ernst, and Bullivant, Houser, Bailey, Pendergrass & Hoffman, Portland.

Resubmitted In Banc April 15, 1992.

WARREN, Judge.

Plaintiff appeals a judgment dismissing his claim for misapplication of public funds under ORS 294.100(2) for failure to allege facts sufficient to constitute a claim for relief. ORCP 21 A(8). We affirm.

Plaintiff alleges that he is a property owner and registered voter in McMinnville School District No. 40 (District), has children in a school administered by District and pays taxes for support of...

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