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BREWER v. ALLSTATE INSURANCE COMPANY

436 P.2d 547 (1968)

In the matter of the Arbitration between Rustin BREWER, Administrator of the Estate of Phyllis Ely, Deceased, Respondent, v. ALLSTATE INSURANCE COMPANY, a Corporation, Appellant.

Supreme Court of Oregon, In Banc.

Decided January 17, 1968.

Attorney(s) appearing for the Case

Alex M. Byler, Pendleton, argued the cause for appellant. With him on the brief were Corey Byler & Rew, Pendleton.

John Smallmon, Hermiston, and Roy Kilpatrick and Dan Wolke, John Day, submitted a brief for respondent.

Before PERRY, C.J., and McALLISTER, O'CONNELL, GOODWIN, DENECKE, HOLMAN and WOODRICH, JJ.

Argued and Submitted at Pendleton, October 31, 1967.

O'CONNELL, Justice.

This is an appeal by defendant from a judgment for plaintiff which set aside the decision of an arbitrator in favor of defendant.

Plaintiff's decedent was killed in an automobile accident while riding as a guest passenger in an automobile driven by Harold Berry. Plaintiff filed a demand for arbitration with the American Arbitration Association under the uninsured motorist provision...

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