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CIMARRON INS. CO. v. TRAVELERS INS. CO.

224 Or. 57 (1960)

355 P.2d 742

CIMARRON INSURANCE COMPANY, INC. v. TRAVELERS INSURANCE COMPANY ET AL

Supreme Court of Oregon.

Affirmed as modified September 28, 1960.

Attorney(s) appearing for the Case

Joseph Larkin and John Gordon Gearin, Portland, argued the cause for appellant. On the brief with them were Koerner, Young, McColloch & Dezendorf, Portland.

Lamar Tooze, Portland, argued the cause for respondents Travelers Insurance Company, Shell Oil Company and Cecil C. Daugherty. On the brief were Tooze, Kerr & Tooze, Portland.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, GOODWIN and HOLMAN, Justices.

AFFIRMED AS MODIFIED.

ROSSMAN, J.

This is an appeal by the plaintiff, Cimarron Insurance Company, Inc., from a declaratory judgment which the circuit court entered in favor of the defendants, Shell Oil Company, Cecil C. Daugherty, Joe Bookshnis, Albert Sammons and three insurance companies (only one of whom, Travelers Insurance Company, is material to this appeal).

1. At the times material to this case the defendant Albert Sammons was a truck driver...

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