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BUSINESS MEN'S SERVICE v. UNION GOSPEL MIN.

92C760654; CA A76525.

852 P.2d 199 (1993)

120 Or. App. 228

BUSINESS MEN'S SERVICE CO., an Oregon corporation, Appellant, v. UNION GOSPEL MINISTRIES, dba Union Gospel Ministries Thrift Store, aka Union Gospel Mission, Respondent.

Court of Appeals of Oregon.

Decided May 12, 1993.

Attorney(s) appearing for the Case

Jeffrey I. Hasson, Portland, argued the cause, for appellant. With him on the brief was Hasson & Zimmerman, Portland.

Mark L. DeLapp, Portland, argued the cause and filed the brief, for respondent.

Before WARREN, P.J., and EDMONDS and LANDAU, JJ.

PER CURIAM.

Plaintiff appeals a judgment that dismissed its complaint on the ground that its claims are barred by claim preclusion, because the complaint alleges claims arising out of the same breach of contract that had previously been litigated to judgment. The trial court dismissed the complaint pursuant to ORCP 21 A. Although the court did not further specify which subsection applied, the only relevant one is subsection (8). On a pretrial motion under ORCP 21A...

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