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BEALS v. BREEDEN BROS., INC.

16-89-05258; CA A67695 (Control); CA A69865.

833 P.2d 348 (1992)

113 Or. App. 566

Jill C. BEALS, David L. Brinduse, Tamra L. Brinduse, Granville Brittsan, Sherry Brittsan, Nancy Bunch, A. Don Crawley, Connie L. Crawley, John E. Del Nero, Lynda C. Del Nero, Frederick A. Dockey, Teresa F. Dockey, Joan E. Hixson, Robert F. Hixson, Kathleen Kastern, April E. Luke, D. Michael Luke, Bonnie J. Mills, James J. Mills, Janice N. Provost, Roger J. Provost, Judy A. Reece, Larry E. Reece, J. David Rhoads, Marilyn A. Rhoads, Penny J. Schultz, Philip G. Schultz, Linda L. Sharber and Robert Sharber, Appellants, v. BREEDEN BROS., INC., an Oregon corporation; Breeden Bros. Realty Co., an Oregon corporation; and the City of Eugene, Oregon, Respondents.

Court of Appeals of Oregon.

Decided June 24, 1992.

Reconsideration Denied September 30, 1992.

Attorney(s) appearing for the Case

Michael L. Williams, Portland, argued the cause for appellants. With him on the briefs was Williams & Troutwine, P.C., Portland.

Douglas G. Schaller, Eugene, argued the cause for respondents Breeden Bros., Inc. and Breeden Bros. Realty Co. With him on the brief were Don Edward Corson, Eugene, and Johnson, Clifton, Larson & Bolin, P.C., Eugene.

John B. Arnold, Eugene, argued the cause for respondent The City of Eugene. With him on the brief was Harrang, Long, Watkinson & Arnold, Eugene.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

EDMONDS, Judge.

Plaintiffs appeal two judgments that are consolidated in this appeal.1 The trial court ruled that plaintiffs' complaints failed to state claims for relief and that the actions had not been commenced timely. ORCP 21 A(8); ORCP 21 A(9). We affirm.

In June, 1989, plaintiffs filed this action, alleging claims for negligence, breach of contract, fraud and violation of the Oregon...

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