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ALLISON v. KLEINMAN

A8702-01288; CA A66368.

840 P.2d 109 (1992)

116 Or. App. 34

Wanda Jean ALLISON and Kenneth Allison, Appellants, v. Jeffrey KLEINMAN and Harley Roberts, Respondents.

Court of Appeals of Oregon.

Decided October 28, 1992.

Reconsideration Denied January 13, 1993.

Attorney(s) appearing for the Case

Michael L. Williams, Portland, argued the cause for appellants. With him on the opening brief was Williams, Troutwine & Bowersox, P.C., Portland, and with him on the reply brief was Williams & Troutwine, P.C., Portland.

Frank R. Hilton, Jr., argued the cause for respondent Kleinman, and John R. Barker argued the cause for respondent Roberts. With them on the brief were Schwab, Hilton & Howard and Bittner & Barker, P.C., Portland.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

DE MUNIZ, Judge.

Plaintiffs appeal a judgment dismissing claims in their amended complaint on the ground that the Statute of Limitations had expired. They contend that the court erred by dismissing those claims with prejudice, because they relate back to claims that were timely filed in their original complaint. We affirm.

In reviewing a motion to dismiss, we assume that the facts alleged and any facts that might...

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