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RENEKE v. BAKER

474 P.2d 5 (1970)

Joseph P. RENEKE, Appellant, v. George BAKER, Sr. and George Baker, Jr., Dba Davy Jones Locker, Respondents.

Supreme Court of Oregon, Department 2.

Decided September 11, 1970.

Attorney(s) appearing for the Case

Ronald L. Miller, Astoria, argued the cause for appellant. With him on the briefs was Nicholas D. Zafiratos, Astoria.

Harold A. Snow, Astoria, argued the cause for respondents. With him on the brief were Macdonald, Dean & McCallister and Robert C. Macdonald, Astoria.

Before O'CONNELL, C.J., and SLOAN, HOLMAN and HOWELL, JJ.

HOWELL, Justice.

After an original and five amended complaints, the plaintiff appeals from a judgment entered on an order sustaining a demurrer to his sixth amended complaint. The demurrer was based on the grounds that plaintiff failed to allege a cause of action.

Eliminating the allegations regarding plaintiff's injuries and the prayer, the complaint alleges:

"I "That at all times mentioned herein the Defendants were doing business under...

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