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FIRST NATIONAL BANK v. MALADY

242 Or. 353 (1965)

408 P.2d 724

FIRST NATIONAL BANK ET AL v. MALADY ET AL, MASTERS

Supreme Court of Oregon.

Affirmed December 8, 1965.

Petition for rehearing denied January 11, 1966.

Opinion corrected January 12, 1966.

Attorney(s) appearing for the Case

James H. Clarke, Portland, argued the cause for appellants. With him on the briefs were Koerner, Young, McColloch & Dezendorf, John Gordon Gearin and George L. Kirklin, Portland.

Philip A. Levin, Portland, argued the cause for respondents, except for the Estate of Russell Sheets. On the brief were Maguire, Shields, Morrison, Bailey & Kester; Jack H. Cairns; Jack L. Kennedy; Masters & Masters; Franklin, Olsen, Bennett & Desbrisay, Portland, and Weiser, Bowles & Young, Gresham.

William J. Masters, Portland, argued the cause and filed a brief on cross-appeal as personal representative and successor administrator of the Estate of Russell Sheets, deceased, respondent.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, Justices.

AFFIRMED.

SLOAN, J.

This declaratory judgment proceeding was initiated by plaintiff Truck Insurance Exchange to test the coverage of a liability insurance policy it had issued to plaintiff Sites Freight Lines, Inc., and to the individually named plaintiffs Herman Sites, now deceased, and his wife Pauline. Herman was the principal owner of the Sites Freight Lines, Inc. The question presented relates to the omnibus clause of the policy.

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