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NATKIN & CO. v. H.D. FOWLER CO.

C92-0393CV; CA A78899.

876 P.2d 319 (1994)

128 Or. App. 311

NATKIN & COMPANY, a Missouri corporation, Appellant, v. H.D. FOWLER COMPANY, a Washington corporation, and Couch Pump Company, a division of M & W Pump Corporation, a Florida corporation, Respondents.

Court of Appeals of Oregon.

Decided June 8, 1994.

Attorney(s) appearing for the Case

Jeffrey K. Hanson, Portland, argued the cause for appellant. With him on the briefs were Joseph A. Yazbeck, Jr., and Bennett, Yazbeck & O'Halloran, P.C.

Frederick C. Ruby, Tigard, argued the cause for respondent H.D. Fowler Co. With him on the brief were Michael J. Scott and Furrer & Scott.

John Holmes Baker, Portland, argued the cause for respondent Couch Pump Co. With him on the brief were Charles R. Schrader and Tarlow, Jordan & Schrader.

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

WARREN, Presiding Judge.

Plaintiff appeals from a judgment dismissing its complaint for failure to state a claim. ORCP 21A(8). We reverse in part and affirm in part.

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 from them, and view them in the light most favorable to the nonmoving party. Oksenholt v. Lederle Laboratories,

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