DURHAM v. McCANN

91-0060; CA A74734.

851 P.2d 1168 (1993)

120 Or. App. 137

Russell J. DURHAM, Appellant, v. Robert McCANN, Respondent.

Court of Appeals of Oregon.

Decided May 12, 1993.

Review Denied August 24, 1993.


Attorney(s) appearing for the Case

Clayton C. Patrick, Salem, argued the cause and filed the brief, for appellant.

Bruce Thompkins, Salem, argued the cause, for respondent. With him on the brief were Ralph C. Spooner and Spooner & Much, P.C., Salem.

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


EDMONDS, Judge.

Plaintiff appeals the trial court's judgment that dismissed his complaint for failure to state ultimate facts sufficient to constitute a claim. ORCP 21A(8). We reverse.

Plaintiff hired defendant to represent him in an action brought against him by Kahl. A default judgment was entered against plaintiff in that case. In this action, plaintiff alleges that the judgment resulted from defendant's negligent legal representation. He also alleges a...

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