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SKEEN v. DEPT. OF HUMAN RESOURCES

(97-04612-CV; CA A107674)

17 P.3d 526 (2000)

171 Or. App. 557

Stern SKEEN and Betty Skeen, Appellants, v. DEPARTMENT OF HUMAN RESOURCES, State Office for Services to Children and Families, Oregon Youth Authority, Kay Toran, acting by and through Branch Manager for State Office for Services to Children and Families, Denise Rhodes, acting by and through Branch Manager for State Office for Services to Children and Families, and Kay Toran, acting by and through State Director of State Office for Services to Children and Families, Respondent.

Court of Appeals of Oregon.

Decided December 27, 2000.

Attorney(s) appearing for the Case

Richard D. Cohen, Portland, argued the cause and filed the briefs for appellants.

Richard D. Wasserman, Assistant Attorney General, argued the cause for respondents. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before EDMONDS, Presiding Judge, and ARMSTRONG and KISTLER, Judges.

EDMONDS, P.J.

Plaintiffs appeal from the trial court's judgment dismissing their claims for intentional infliction of emotional distress, negligent infliction of emotional distress, breach of contract, and violation of 42 USC § 1983. The trial court granted defendant's ORCP 21 A(8) motion to dismiss plaintiffs' second claim for relief for negligent infliction of emotional distress for failure to state a claim. It thereafter granted summary judgment to defendants...

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