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DENLEY v. MUTUAL OF OMAHA

445 P.2d 505 (1968)

Richard J. DENLEY, Respondent, v. MUTUAL OF OMAHA, Appellant.

Supreme Court of Oregon, Department 1.

Decided October 2, 1968.

Attorney(s) appearing for the Case

Curtis W. Cutsforth, Portland, argued the cause for appellant. With him on the briefs were King, Miller, Anderson, Nash & Yerke, Portland.

John C. Anicker, Jr., Oregon City, argued the cause for respondent. On the brief were Jack, Goodwin & Anicker and Glenn R. Jack, Oregon City.

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

MENGLER, Justice (Pro Tempore).

This is an action at law brought to recover for "confining total loss of time" benefits allegedly accrued under an insurance policy issued by defendant. The case was tried before a jury which returned a verdict for the plaintiff for $8,530. The trial court entered judgment on the verdict.

The question presented on appeal is did the trial court err in the following particulars: (1) In denying defendant's motion for a directed...

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