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UNIFIED WESTERN v. PRICEWATERHOUSECOOPERS

0108-08668; A123933.

131 P.3d 796 (2006)

204 Or. App. 673

UNIFIED WESTERN GROCERS, INC., Respondent, v. PRICEWATERHOUSECOOPERS, LLP, a Delaware limited liability partnership; Larry Brown; and Joe Pointer, Appellants.

Court of Appeals of Oregon.

Decided March 15, 2006.

Attorney(s) appearing for the Case

Michael H. Simon argued the cause for appellants. With him on the briefs were Jeffrey C. Dobbins, Portland, and Perkins Coie LLP.

Jeffrey M. Batchelor, Portland, argued the cause for respondent. With him on the brief were Peter H. Glade, Lynn R. Stafford, Portland, David W. Melville, and Markowitz, Herbold, Glade & Mehlhaf, PC.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.

ROSENBLUM, J.

Defendants appeal from a judgment for plaintiff on its negligence claims. They assign error to the trial court's denial of their motion to dismiss on the ground that plaintiff is not the real party in interest. ORCP 26. We affirm.

In reviewing the denial of a motion to dismiss on real party in interest grounds, we accept the allegations in the complaint, together with all reasonable inferences that can be drawn therefrom, as true. Association...

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