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FISHER v. RUDIE WILHELM WAREHOUSE CO.

224 Or. 26 (1960)

355 P.2d 242

FISHER v. RUDIE WILHELM WAREHOUSE CO.

Supreme Court of Oregon.

Reversed September 14, 1960.

Attorney(s) appearing for the Case

Duane Vergeer, Portland, argued the cause for appellant. On the brief were Vergeer & Samuels and Charles S. Crookham, Portland.

Burl L. Green, Portland, argued the cause for respondent. On the brief were Donald S. Richardson, Philip A. Levin and Green, Richardson, Green & Griswold, Portland.

Before McALLISTER, Chief Justice, and WARNER, O'CONNELL, GOODWIN and MILLARD, Justices.

REVERSED.

GOODWIN, J.

The defendant, Wilhelm, appeals from the circuit court's failure to invoke the "joint supervision and control" exclusion which limits certain employees covered by the Workmen's Compensation Act, ORS ch 656, to their benefits under the Act and deprives them of the right in certain cases to bring an action against a negligent third party who is also covered by the Act.

The circuit court ruled in a preliminary proceeding that Fisher...

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