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OTTERNESS v. CITY OF WALDPORT

91-5623; CA A78826.

883 P.2d 228 (1994)

130 Or. App. 550

Robert OTTERNESS and Vicki Otterness, Appellants, v. CITY OF WALDPORT, a municipal corporation, Respondent.

Court of Appeals of Oregon.

Decided October 12, 1994.

Review Denied January 24, 1995.

Attorney(s) appearing for the Case

David C. Force, Eugene, argued the cause and filed the briefs for appellants.

Robert E. Franz, Jr., Springfield, argued the cause and filed the brief for respondent.

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

LANDAU, Judge.

Plaintiffs appeal a judgment dismissing their complaint for failure to state a claim. We affirm.

In reviewing a dismissal for failure to state a claim, "we consider as true the facts alleged and all reasonable inferences that may be drawn therefrom," Glubka v. Long, 115 Or.App. 236, 238, 837 P.2d 553 (1992), and ignore allegations that contain mere conclusions of...

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