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ST. PAUL FIRE & MAR. INS. v. UNITED STATES NAT. BK.

446 P.2d 103 (1968)

ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a Corporation, Appellant, v. UNITED STATES NATIONAL BANK OF OREGON, a National Banking Association, As Executor of the Estate of J.C. Compton, Deceased; G.L. Compton, Glen L. Rowell and Glens Falls Insurance Company, a Corporation, Respondents.

Supreme Court of Oregon, Department 1.

Decided October 16, 1968.

Attorney(s) appearing for the Case

William E. Duhaime, Medford, argued the cause for appellant. On the briefs were Brophy, Wilson & Duhaime, Medford.

Hugh B. Collins, Medford, argued the cause for respondents. On the brief were Collins & Redden, Medford.

Before PERRY, C.J., and O'CONNELL, DENECKE, HOLMAN and MENGLER, JJ.

MENGLER, Justice (Pro Tempore).

This is an action brought by an insurer, of an indemnitee, who seeks to recover the costs of defending an action from the defendant indemnitor and his surety.

The pertinent facts giving rise to the appeal are as follows: Defendants Compton and Rowell, hereinafter referred to as the contractor, entered into a construction contract with the Oregon State Highway Commission, hereinafter referred to as the commission. Defendant Glens...

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