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FRANCISCO-RUIZ-SANCHEZ v. RED LION

CV 92-0859; CA A80473.

888 P.2d 1069 (1995)

132 Or.App. 512

Jose FRANCISCO-RUIZ-SANCHEZ, Eduardo Ruiz-Sanchez and Cuauhtemoc Ruiz-Sanchez, Appellants, v. RED LION, a Ltd. California Corporation, Respondent, and Shane Touchett, Jeff Moody, Ray Moody and Murray Starky, Defendants.

Court of Appeals of Oregon.

Decided January 25, 1995.

Attorney(s) appearing for the Case

Wade P. Bettis, Jr., La Grande, argued the cause for appellants. With him on the brief was Bettis & Associates, P.C.

Darleen Darnall, Portland, argued the cause for respondent. With her on the brief were Lisa E. Lear, David A. Ernst and Bullivant, Houser, Bailey, Pendergrass & Hoffman.

Before RICHARDSON, C.J., and De MUNIZ and LEESON, JJ.

LEESON, Judge.

Plaintiffs appeal from a judgment dismissing their negligence action against Red Lion (defendant)1 for failure to state a claim. We reverse.

In reviewing a dismissal for failure to state a claim, we are limited to the facts stated in the complaint. McAlpine v. Multnomah County, 131 Or.App. 136, 138, 883 P.2d 869 (1994). We accept as true...

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