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FALK v. AMSBERRY

No. 74-5251; CA 14025.

612 P.2d 328 (1980)

46 Or.App. 565

Everett H. FALK and Phyllis R. Falk, Husband and Wife, Plaintiffs, v. Larry M. AMSBERRY and Nancy A. Amsberry, Husband and Wife, Defendants. Larry M. AMSBERRY and Nancy A. Amsberry, Husband and Wife, Third Party Plaintiffs-Respondents, v. Norman L. LARSEN, Third Party Defendant-Appellant, Lorenz Realty, Inc., an Oregon Corporation, Third Party Defendant.

Court of Appeals of Oregon.

Decided June 9, 1980.

Attorney(s) appearing for the Case

David Brewer, Eugene, argued the cause and filed the briefs for third party defendant-appellant. With him on the briefs was Lombard, Gardner, Honsowetz, Johnson & Brewer, Eugene.

Michael W. Doyle, Eugene, argued the cause and filed the brief for third party plaintiffs-respondents. With him on the brief was Bick & Monte, P.C., Eugene.

Before SCHWAB, C.J., and THORNTON and CAMPBELL, JJ.

CAMPBELL, Judge.

This is an appeal by the third party defendant,1 Norman L. Larsen, from a judgment entered against him in favor of the third party plaintiffs, Larry M. Amsberry and Nancy A. Amsberry, in an indemnity action involving a grass seed crop. We affirm.

This is the second time that this case has been before the appellate courts of Oregon. See Falk v. Amsberry, 279 Or. 417,

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