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EMPLOYERS' LIABILITY ASSUR. CORPORATION v. PORTLAND ELECTRIC POWER CO.

No. 4857.

15 F.2d 976 (1926)

EMPLOYERS' LIABILITY ASSUR. CORPORATION, LIMITED, OF LONDON, ENGLAND, v. PORTLAND ELECTRIC POWER CO.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied December 13, 1926.

Attorney(s) appearing for the Case

Wilbur, Beckett, Howell & Oppenheimer, of Portland, Or., and Redman & Alexander, of San Francisco, Cal., for plaintiff in error.

Griffith, Peck & Coke, of Portland, Or., for defendant in error.

Before GILBERT and RUDKIN, Circuit Judges, and NETERER, District Judge.

NETERER, District Judge (after stating the facts as above).

The only point argued before this court is the relation the employee bears to the Workmen's Compensation Law of Oregon (Or. L. § 6605 et seq.). It is clear that the policy covers others than those in the employ of the insured; and where the employer is engaged in more than one business, he may come under the act as to one business and stay out as to the other, and by filing the necessary notices he is...

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