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BABICK v. OREGON ARENA CORP.

(9704-02797; CA A99542)

980 P.2d 1147 (1999)

160 Or. App. 140

Kenneth BABICK, Gary Moore and Jack K. Minzey, Jr., and others similarly situated, Appellants, v. OREGON ARENA CORPORATION, an Oregon corporation, Respondent.

Court of Appeals of Oregon.

Decided April 28, 1999.

Attorney(s) appearing for the Case

William B. Aitchison argued the cause for appellants. On the briefs were Megan E. Glor and Swanson, Thomas & Coon.

Gregory A. Zafiris, Portland, argued the cause for respondent. With him on the brief were Thomas M. Triplett and Schwabe, Williamson & Wyatt, P.C.

Before De MUNIZ, Presiding Judge, and HASELTON and LINDER, Judges.

De MUNIZ, P.J.

In this wrongful discharge and intentional infliction of emotional distress case, plaintiffs appeal from a judgment dismissing their complaint and first amended complaint for "fail[ing] to state ultimate facts sufficient to constitute a claim[.]" ORCP 21 A(8). We reverse in part and affirm in part.

In reviewing a dismissal under ORCP 21 A(8), we assume the truth of all well-pleaded factual allegations and give plaintiffs the benefit of all favorable...

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