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LEDFORD v. GUTOSKI

CC 16-90-07552; CA A73578; SC S40708.

877 P.2d 80 (1994)

319 Or. 397

Bill R. LEDFORD, Plaintiff, v. Peter C. GUTOSKI and Raymond A. Kuhl, Defendants. Raymond A. KUHL, Petitioner on Review, v. NORTHWEST FARM BUREAU INSURANCE COMPANY, Respondent on Review.

Supreme Court of Oregon, In Banc.

Decided July 29, 1994.

Attorney(s) appearing for the Case

P. Scott McCleery, of Doyle, Gartland, Nelson & McCleery, P.C., Eugene, argued the cause and filed the petition on behalf of petitioner on review.

Larry Dawson, Portland, argued the cause on behalf of respondent on review.

UNIS, Justice.

This is an action for defense costs and indemnity brought by Raymond Kuhl as third-party plaintiff against his insurer, Northwest Farm Bureau Insurance Company (Northwest), as third-party defendant. Kuhl was a defendant in an action for malicious prosecution filed by Bill Ledford, in which the complaint (the Ledford complaint) alleged that Kuhl had willfully and maliciously instituted a prosecution of plaintiff because Kuhl "intended to harass, annoy...

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