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SUSITNA LTD. v. PACIFIC FIRST FEDERAL

91C-10834; CA A72901.

846 P.2d 438 (1993)

118 Or. App. 126

SUSITNA LTD., an Alaska corporation, and Lucian Dancaescu, Appellants, v. PACIFIC FIRST FEDERAL, Respondent.

Court of Appeals of Oregon.

Decided February 10, 1993.

Attorney(s) appearing for the Case

William D. Brandt, Salem, argued the cause for appellants. With him on the briefs was Ferder, Ogdahl, Brandt & Casebeer, Salem.

Mary K. VanderWeele, Portland, argued the cause for respondent. With her on the brief were Barnes H. Ellis, Tracy J. White, and Stoel, Rives, Boley, Jones & Grey, Portland.

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

RIGGS, Judge.

Plaintiffs, property managers, brought this action for breach of contract, breach of fiduciary duty and intentional infliction of emotional distress. Defendant Pacific First Federal, a bank, moved to dismiss all 3 claims for failure to state ultimate facts sufficient to constitute a claim. ORCP 21 A(8). The trial court granted the motion and plaintiffs appeal. We reverse in part.

In reviewing a motion to dismiss for failure to state a claim,...

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