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TRUCK INSURANCE EXCH. v. BILL OLINGER MERCURY, INC

495 P.2d 1201 (1972)

TRUCK INSURANCE EXCHANGE, a Reciprocal or Inter-Insurance Exchange, Respondent, v. BILL OLINGER MERCURY, INC., a Corporation, Appellant, Donald E. Lee and Beverly S. Lee, Dba Don Lee Motors, et al., Defendants.

Supreme Court of Oregon.

Decided April 19, 1972.

Attorney(s) appearing for the Case

Hollis C. Ransom, Jr., Portland, argued the cause and filed briefs for appellant.

Charles E. Hodges, Jr., Portland, argued the cause and filed a brief for respondent.

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

HOLMAN, Justice.

This is a declaratory judgment proceeding in which plaintiff, an insurance company, seeks to establish that it has no responsibility under a policy of automobile theft insurance it issued to the defendant, Bill Olinger Mercury, Inc., (Olinger). The case was tried to the court. Olinger appealed from a judgment that plaintiff owed it no duty under the insurance contract. The other parties to this case are not concerned with this appeal.

Plaintiff...

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