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HALE v. FIREMAN'S FUND INS. CO.

209 Or. 99 (1956)

302 P.2d 1010

HALE v. FIREMAN'S FUND INSURANCE COMPANY ET AL

Supreme Court of Oregon.

Reargued June 28, 1956.

Affirmed November 2, 1956.

Petition for rehearing denied December 12, 1956.

Attorney(s) appearing for the Case

Hugh B. Collins, Medford, argued the cause for appellant. With him on the brief were Paul W. Haviland, Medford, and J. Everett Barr, Yreka, California.

Robert B. Duncan argued the cause for respondents. On the brief were McAllister, Duncan & Brophy, Medford.

Before WARNER, Chief Justice, and TOOZE, ROSSMAN, LUSK, BRAND and PERRY, Justices (on reargument).

AFFIRMED.

ROSSMAN, J.

This is an appeal by the plaintiff, Harrison Hale, from a judgment of the circuit court which was entered in favor of the defendants after the court had sustained a demurrer to the complaint and the plaintiff had declined to amend. The demurrer charged that the complaint failed to state a cause of action. The proceeding was instituted under ORS 28.010 through 28.160, which, apart from two amendments, is the Uniform Declaratory Judgments...

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