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STATE INS. COMMISSIONER v. ALLSTATE INS. CO.

221 Or. 371 (1960)

351 P.2d 433

STATE INSURANCE COMMISSIONER v. ALLSTATE INSURANCE COMPANY

Supreme Court of Oregon.

Reversed April 20, 1960.

Attorney(s) appearing for the Case

Donal D. Sullivan, Assistant Attorney General, Salem, argued the cause for appellant. On the brief were Robert Y. Thornton, Attorney General, and Lloyd G. Hammel, Assistant Attorney General, Salem.

Winfrid Karl Liepe, Portland, argued the cause for the respondent. With him on the brief were Maguire, Shields, Morrison, Bailey & Kester, Portland.

Before McALLISTER, Chief Justice, and ROSSMAN, LUSK, PERRY, SLOAN, O'CONNELL and HARRIS, Justices.

REVERSED.

ROSSMAN, J.

1. This is an appeal by the plaintiff, the Insurance Commissioner of this state, from a judgment which the circuit court entered in favor of the defendant, Allstate Insurance Company, after it had sustained a demurrer to the complaint which challenged that pleading upon the ground that it did not state a cause of action.

The complaint alleges that the Allstate Insurance Company, an Illinois...

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