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FULTON INSURANCE CO. v. WHITE MOTOR CORP.

493 P.2d 138 (1972)

THE FULTON INSURANCE COMPANY, American Mutual Liability Insurance Company, and Aetna Insurance Company, Respondents, v. WHITE MOTOR CORPORATION, Appellant.

Supreme Court of Oregon.

Decided February 2, 1972.

Attorney(s) appearing for the Case

Kenneth D. Renner, Portland, argued the cause for appellant. With him on the briefs were Souther, Spaulding, Kinsey, Williamson & Schwabe, Roland F. Banks, Jr., and Ridgway K. Foley, Jr., Portland.

David N. Hobson, Portland, argued the cause for respondents. On the brief were Phillips, Coughlin, Buell, Stoloff & Black and Donald C. McClain, Portland.

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

McALLISTER, Justice.

This is an action for common-law indemnity. Defendant is the manufacturer of a dump truck. Plaintiffs are the insurers of Elmer Griffin and Steven Griffin, the owner and driver of the truck, and of the contractor and subcontractor on a job where the truck was being used. On May 31, 1967, the truck was loaded with rock and was being driven to Lake Oswego from a quarry near Stafford. Plaintiffs' third amended complaint alleges that during the trip...

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