Legal Opinion
McWhorter v. First Interstate Bank
Court of Appeals of Oregon
Decided March 21, 1984No. 16-83-01030; CA A28628PublishedCited by 11 opinions
1Opinion of the CourtRichardson, P. J.
Plaintiff, a vice president and branch manager of defendant, appeals a judgment entered on an order granting defendant’s ORCP 21A(8) motion to dismiss plaintiffs claim for breach of contract, breach of implied contract, outrageous conduct and deceit. The court granted the motion to dismiss for failure to state a claim on the ground that plaintiffs claim is barred by 12 USC § 24 (Fifth) (1982). We reverse in part.
The facts are drawn from plaintiffs complaint, because on review of an order determining the sufficiency of a complaint those allegations are deemed to be true. See, e.g., Brennen v.…
2Cases cited13 opinions
- Brennen v. City of EugeneOregon Supreme Court · 1979
- Hall v. May Department Stores Co.Oregon Supreme Court · 1981
- Webb v. ClarkOregon Supreme Court · 1976
- Kemper v. First Nat'l Bk. in NewtonAppellate Court of Illinois · 1981
- Copeland v. Melrose National BankAppellate Division of the Supreme Court of the State of New York · 1930
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3Cited by11 opinions
- Marvin MacKey Lillian MacKey Husband and Wife v. Pioneer National Bank, a National Banking Corporation Paul Campbell, Marie Campbell, Husband and WifeCourt of Appeals for the Ninth Circuit · 1989
- Wells Fargo Bank v. Superior CourtCalifornia Supreme Court · 1991
- Beason v. HarcleroadCourt of Appeals of Oregon · 1991
- Alegria v. Idaho First National BankIdaho Supreme Court · 1986
- Morast v. LanceDistrict Court, N.D. Georgia · 1986
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