Legal Opinion
Stout v. Citicorp Industrial Credit, Inc.
Court of Appeals of Oregon
Decided August 1, 1990No. 87C-12212; CA A61869PublishedCited by 4 opinions
1Opinion of the CourtButtler, P. J.
Plaintiff brought this action against defendant, as a secured party in possession, for wages allegedly unpaid by Mushroom King, Inc. (MKI). Without articulating its reasoning, the trial court granted defendant’s motion to dismiss for failure to state ultimate facts sufficient to constitute a claim.1 ORCP 21A(8). We affirm.
On review, we assume the truth of all well pleaded facts and recite them as alleged in the complaint. See Brennen v. City of Eugene, 285 Or 401, 405, 591 P2d 719 (1979); Gruner v. Lane County, 96 Or App 694, 696, 773 P2d 815 (1989). MKI employed plaintiff as a general…
2Cases cited10 opinions
- Brennen v. City of EugeneOregon Supreme Court · 1979
- Bob Godfrey Pontiac, Inc. v. RoloffOregon Supreme Court · 1981
- Miller v. City of PortlandOregon Supreme Court · 1980
- State Ex Rel. Nilsen v. Oregon State Motor Ass'nOregon Supreme Court · 1967
- Shoulders v. SAIF Corp.Oregon Supreme Court · 1986
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3Cited by4 opinions
- Neighorn v. Quest Health CareDistrict Court, D. Oregon · 2012
- Zacker v. North Tillamook County Hospital DistrictCourt of Appeals of Oregon · 1991
- Northwest Public Communications Council ex rel. Oregon v. Qwest Corp.District Court, D. Oregon · 2012
- Bobadilla-German v. Bear Creek Orchards, Inc.Court of Appeals for the Ninth Circuit · 2011