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FRED SHEARER & SONS, INC. v. PRENDERGAST

9410-07410; CA A91667.

955 P.2d 324 (1998)

152 Or. App. 657

FRED SHEARER & SONS, INC., an Oregon corporation, Appellant, v. Patrick R. PRENDERGAST, Respondent, and Prendergast & Associates, Inc., Defendant.

Court of Appeals of Oregon.

Decided February 25, 1998.

Attorney(s) appearing for the Case

G. Kenneth Shiroishi argued the cause for appellant. With him on the opening brief was Gayle K. Rowe, Portland, and Dunn, Carney, Allen, Higgins & Tongue.

James T. McDermott argued the cause for respondent. With him on the brief were Phillip E. Joseph, Portland, and Ball Janik LLP.

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

EDMONDS, Judge.

Plaintiff in this action on a promissory note appeals from the dismissal of its complaint for failure to state ultimate facts sufficient to constitute a claim, ORCP 21 A(8), and from the award of attorney fees to defendant. On an appeal from the trial court's grant of an ORCP 21 A(8) motion, we assume the truth of all well-pleaded facts alleged in the complaint and give plaintiff the benefit of all favorable inferences that may be drawn from those...

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