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CITY OF MYRTLE POINT v. PACIFIC INDEMNITY COMPANY

Civ. No. 62-216.

233 F.Supp. 193 (1963)

CITY OF MYRTLE POINT, a Municipal corporation, Plaintiff, v. PACIFIC INDEMNITY COMPANY, a corporation, Defendant.

United States District Court D. Oregon.

March 29, 1963.

Attorney(s) appearing for the Case

F. C. Meldrum and Craig Oleson, Dement & Meldrum, Myrtle Point, Or., Jack H. Dunn, Maguire, Shields, Morrison, Bailey & Kester, Portland, Or., for plaintiff.

Robert T. Mautz, Wayne A. Williamson, Roland F. Banks, Jr., Mautz, Souther, Spaulding, Kinsey & Williamson, Portland, Or., for defendant.

EAST, District Judge.

ACTIONS AGAINST CITY

On December 14, 1960, Agnes E. Estelle (Agnes) instituted her action in the Circuit Court of the State of Oregon for Coos County against the City of Myrtle Point, a municipal corporation of the State of Oregon (City), seeking the recovery of damages for personal injuries. In the first count of the complaint Agnes alleged, inter alia:

"During and within two years from the filing hereof, City has continuously...

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