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CITY OF BURNS v. NORTHWESTERN MUTUAL INS. CO.

248 Or. 364 (1967)

434 P.2d 465

CITY OF BURNS, Appellant, v. NORTHWESTERN MUTUAL INSURANCE CO., Respondent.

Supreme Court of Oregon.

Reversed and remanded November 29, 1967.

Attorney(s) appearing for the Case

Milo Pope, Milton-Freewater, and Wendell Gronso, Burns, argued the cause for appellant. With them on the briefs were Cramer and Gronso, Burns.

Gerald R. Pullen, Portland, argued the cause for respondent. With him on the brief were Hershiser, Mitchell & Smith, Portland.

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

REVERSED AND REMANDED.

HOLMAN, J.

Plaintiff brought an action upon a policy of liability insurance issued to it by defendant. The trial court sustained a demurrer to plaintiff's complaint on the ground that the complaint did not state facts sufficient to constitute a cause of action. Plaintiff appealed from an order dismissing its complaint when it failed to plead further.

The present controversy arises out...

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