STATE ACCIDENT INSURANCE FUND CORP. v. GATTI

77972; CA A32444.

694 P.2d 1020 (1985)

72 Or.App. 106

STATE ACCIDENT INSURANCE FUND CORPORATION, an Oregon corporation, Appellant, v. Daniel P. GATTI, and Richard D. Gatti, P.C., Doing Business As Gatti & Gatti, P.C., Respondents.

Court of Appeals of Oregon.

Decided February 6, 1985.


Attorney(s) appearing for the Case

Donna Parton Garaventa, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Margaret E. Rabin, Asst. Atty. Gen., Salem.

Charles D. Maier, Salem, argued the cause for respondents. With him on the brief was Gatti & Gatti, P.C., Salem.

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


VAN HOOMISSEN, Judge.

SAIF appeals from a judgment dismissing its civil action for money had and received. The issue is whether the complaint alleges ultimate facts sufficient to state a claim. ORCP 21A(8). Assuming that the well pleaded facts in SAIF's complaint are true, Sager v. McClenden, 296 Or. 33, 35, 672 P.2d 697 (1983), we conclude as a matter of law that SAIF's complaint fails to state...

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