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CHEMICAL WASTE STORAGE AND DISPOSITION v. DAY

513 P.2d 1193 (1973)

CHEMICAL WASTE STORAGE AND DISPOSITION, Inc., an Oregon Corporation, Appellant, v. L.B. DAY and Irving J. Mann, Jr., Respondents.

Court of Appeals of Oregon.

Decided September 4, 1973.

Attorney(s) appearing for the Case

Paul M. Reeder, Hillsboro, argued the cause for appellant. With him on the briefs were Reeder & Rapp, Hillsboro.

Edward H. Warren, Portland, argued the cause for respondents. With him on the brief were Hershiser, Mitchell & Warren, Portland.

Before SCHWAB, C.J., and FOLEY and FORT, JJ.

FOLEY, Judge.

Plaintiff appeals from a judgment dismissing plaintiff's amended complaint after an order sustaining defendants' demurrer. The trial court set forth as its reason for sustaining the demurrer "that defendants are immune." A demurrer properly raises the issue of immunity. Smith v. Cooper, 256 Or. 485, 488, 475 P.2d 78, 45 A.L.R.3d 857 (1970).

The amended complaint sets forth the following facts, which for demurrer...

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