YANNEY v. KOEHLER

9501-00091; CA A90142.

935 P.2d 1235 (1997)

147 Or. App. 269

James YANNEY and Sherry Yanney, Appellants, v. Peter KOEHLER, Jr., Brian Posewitz and Tonkon, Torp, Galen, Marmaduke and Booth, a partnership, Respondents.

Court of Appeals of Oregon.

Decided March 26, 1997.


Attorney(s) appearing for the Case

John M. Berman, Beaverton, argued the cause for appellants. With him on the briefs was J. Rion Bourgeois.

Donald W. McEwen, Portland, argued the cause for respondents. With him on the brief were Christine Coers-Mitchell and McEwen, Gisvold, Rankin, Carter & Streinz.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.


RIGGS, Presiding Judge.

Plaintiffs appeal from a judgment of dismissal, assigning error to the trial court's granting of defendants' motion to dismiss their complaint in its entirety for failing to state ultimate facts sufficient to constitute a claim. ORCP 21, A(8). We affirm.

Before commencing the present action, plaintiffs had filed an FED action against George Clark, seeking to regain possession of their home from him. Plaintiffs maintain that Clark defrauded...

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