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STATE, BY AND THROUGH HEALY v. SMITHER

No. 81901; CA 14978.

613 P.2d 49 (1980)

46 Or.App. 629

STATE of Oregon, Acting BY AND THROUGH Frank J. HEALY, Corporation Commissioner, Respondent, v. Harold F. SMITHER, Respondent, v. Asa L. Lewelling, Respondent, United States National Bank, Defendant, the American Insurance Company, Appellant.

Court of Appeals of Oregon.

Decided June 16, 1980.

Attorney(s) appearing for the Case

John R. Barker, Portland, argued the cause for appellant. With him on the briefs was Lang, Klein, Wolf, Smith, Griffith & Hallmark, Portland.

Clifford N. Carlsen, Jr., Portland, argued the cause for respondent, Asa L. Lewelling. With him on the brief was Bruce A. Rubin, Portland.

Jan P. Londahl, Asst. Atty. Gen., Salem, waived appearance for respondent, State of Oregon.

Bruce E. Jarman, Salem, waived appearance for respondent, Harold F. Smither.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.

GILLETTE, Presiding Judge.

This is a priority dispute between two claimants to the assets of defendant Smither which are under the control of plaintiff as receiver of those assets.1 The trial court found respondent Lewelling's claim to be superior to the claim of appellant American Insurance Company (American). American appeals, contending that the parties should share equally in the receivership assets. We reverse.

Defendant Smither...

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