JAQUA v. NIKE, INC.

C920052CV; CA A77391.

865 P.2d 442 (1993)

125 Or. App. 294

John P. JAQUA, Appellant, v. NIKE, INC., an Oregon corporation with its principal place of business in Beaverton, Oregon, Respondent.

Court of Appeals of Oregon.

Decided December 15, 1993.


Attorney(s) appearing for the Case

Robert A. Sacks, Portland, argued the cause for appellant. With him on the briefs were Henry Kantor, Kantor and Sacks, William A. Birdwell and Birdwell & Associates.

Lee S. Aronson, Portland, argued the cause for respondent. With him on the brief were James C. Carter and Schulte, Anderson, DeFrancq, Downes & Carter, P.C.

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


WARREN, Presiding Judge.

Plaintiff appeals from a judgment dismissing his complaint for failure to commence his action within the statute of limitations. ORCP 21A(9). In reviewing the granting of a motion to dismiss, we assume the truth of all allegations, as well as any inferences that may be drawn, and view them in the light most favorable to the nonmoving party. Machunze v. Chemeketa Community College,

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