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OREGON FARM BUREAU v. THOMPSON

235 Or. 162 (1963)

378 P.2d 563

384 P.2d 182

OREGON FARM BUREAU v. THOMPSON ET AL

Supreme Court of Oregon.

Reversed and remanded January 30, 1963.

Rehearing June 3, 1963.

Former opinion adhered to July 31, 1963.

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.

Kenneth E. Roberts, Portland, argued the cause for respondent Thompson. With him on the brief were Mautz, Souther, Spaulding, Kinsey & Williamson, Portland, and David B. Williamson, St. Helens.

Before McALLISTER, Chief Justice, and ROSSMAN, SLOAN, GOODWIN and LUSK, Justices.

REVERSED AND REMANDED.

ROSSMAN, J.

This is an appeal by the plaintiff, Oregon Farm Bureau, an Oregon insurance corporation, from a decree which the circuit court entered in favor of the defendants Frank Thompson and Dean Kellar. The suit which ended in the challenged decree was instituted by the plaintiff under ORS 28.010 through 28.160 to secure a declaration of the rights of the parties under a policy of liability insurance issued by it July 5, 1960, to...

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