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MURLEY v. NORTHWESTERN PACIFIC INDEMNITY CO.

507 P.2d 1145 (1973)

John R. MURLEY, Appellant, v. NORTHWESTERN PACIFIC INDEMNITY COMPANY, Respondent.

Supreme Court of Oregon.

Decided March 23, 1973.

Attorney(s) appearing for the Case

William H. Poole, Portland, argued the cause for appellant. With him on the briefs were Carol Hewitt and Lindsay, Nahstoll, Hart, Duncan, Dafoe & Krause, Portland.

Ridgway K. Foley, Jr., argued the cause for respondent. With him on the brief were Kenneth E. Roberts and Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland.

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

O'CONNELL, Chief Justice.

This is an action at law to recover $490,000 under an insurance policy issued by defendant to plaintiff's employer, the city of Tigard. Defendant answered, asserting the defense of reformation, and the trial then proceeded on the equity side of the court on the issue of reformation. This is an appeal by plaintiff from a judgment ordering reformation of the policy and dismissing plaintiff's complaint.1

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