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GREEN v. MARKET SUPPLY CO.

479 P.2d 736 (1971)

William B. GREEN, Respondent, v. MARKET SUPPLY CO., Inc., a Corporation, Appellant.

Supreme Court of Oregon.

Decided January 27, 1971.

Attorney(s) appearing for the Case

David C. Landis, Portland, argued the cause for appellant. On the briefs were Gearin, Hollister & Landis, Portland.

Nels Peterson, Portland, argued the cause for respondent. On the brief were Peterson, Chaivoe & Peterson, Portland.

Before O'CONNELL, C.J., and McALLISTER, DENECKE, HOLMAN, TONGUE and HOWELL, JJ.

McALLISTER, Justice.

This is a third party action by an injured workman to recover damages for his personal injuries from a defendant whose negligence allegedly caused those injuries. Both plaintiff and his employer and defendant and its employees were subject to the Workmen's Compensation Law.

Defendant first answered with a general denial and then filed a supplemental answer as authorized by ORS 656.595 alleging that plaintiff's sole remedy was to recover...

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