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ORCHARD v. AGRICULTURAL INSURANCE CO. OF WATERTOWN, N. Y.

Civ. No. 64-88.

228 F.Supp. 564 (1964)

L. M. ORCHARD, M. R. Orchard and Donald L. Orchard, doing business as Orchard Auto Parts Co., Plaintiffs, v. AGRICULTURAL INSURANCE COMPANY OF WATERTOWN, NEW YORK, a corporation, Defendant.

United States District Court D. Oregon.

April 20, 1964.

Attorney(s) appearing for the Case

Thomas E. Brownhill, Riddlesbarger, Pederson, Brownhill & Ingerson, Eugene, Or., for plaintiffs.

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

EAST, District Judge.

It appears from the complaint that the plaintiffs L. M. Orchard, M. R. Orchard and Donald L. Orchard were and are engaged in the wholesale and retail auto-parts sales business in Eugene, Oregon, under the firm name and style of Orchard Auto Parts Co. (Orchard), and while so engaged, one of their employees, through his own mischance, caused to be delivered to an auto mechanic a rear-axle bearing for a 1955-56

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