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AVRIT v. FOREST INDUSTRIES INS. EXCHANGE

83-1094-C; CA A31290.

696 P.2d 583 (1985)

72 Or.App. 571

Brad AVRIT and Cliff Schuring, Appellants, v. FOREST INDUSTRIES INSURANCE EXCHANGE, an Oregon Corporation, Jack Barber Insurance Agency and Linda Barber, Respondents.

Court of Appeals of Oregon.

March 6, 1985.

Attorney(s) appearing for the Case

David L. Rich, Hillsboro, argued the cause for appellants. With him on the briefs were Fred C. Nachtigal, and Fryer, Rich & Nachtigal, Hillsboro.

Joe W. Much, Salem, argued the cause for respondent Forest Industries Ins. Exchange, an Oregon corp. With him on the brief was Spooner & Much, Salem.

John C. Ray, Beaverton, argued the cause for respondents Jack Barber Ins. Agency and Linda Barber. With him on the brief was Thompson, Adams & DeBast, Beaverton.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.

YOUNG, Judge.

Plaintiffs appeal from a judgment entered after the trial court granted defendants' motions to dismiss the first amended complaint on the ground that it failed to state ultimate facts sufficient to constitute a claim. ORCP 21 A(8). We determine that the allegations are sufficient and reverse.

The amended complaint contains two alternative claims: either defendant Forest Industries Insurance Exchange (Forest Industries) breached a contract of...

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