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BLACHLY v. PORTLAND POLICE DEPT.

9303-01393; CA A82236.

898 P.2d 784 (1995)

135 Or.App. 109

Frank BLACHLY and Cindy Blachly, as Guardians Ad Litem for Calvin and Kelsie Blachly, Appellants, v. PORTLAND POLICE DEPARTMENT, City of Portland and State of Oregon (Multnomah County District Attorney), Defendants, and STATE of Oregon (Children's Services Division), Respondent.

Court of Appeals of Oregon.

Decided June 21, 1995.

Attorney(s) appearing for the Case

Helen T. Dziuba, Portland, argued the cause and filed the briefs for appellant.

Michael C. Livingston, Asst. Atty. Gen., argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Before RIGGS, P.J., and De MUNIZ and LEESON, JJ.

De MUNIZ, Judge.

Plaintiffs appeal from a judgment dismissing their complaint for negligence. The court granted defendant Children's Services Division's (CSD's) motion to dismiss pursuant to ORCP 21A(8). On review, we accept as true the allegations in plaintiffs' third amended complaint and inferences that may be drawn from the allegations. Madani v. Kendall Ford, Inc., 312 Or. 198, 201, 818 P.2d 930

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