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AMERICAN STAR INS. CO. v. ALLSTATE INS. CO.

508 P.2d 244 (1973)

THE AMERICAN STAR INSURANCE COMPANY, Appellant, v. ALLSTATE INSURANCE COMPANY AND STATE OF OREGON, by and through Its State Highway Commission, Composed of Glenn L. Jackson, Fred W. Hill and Thaddeus B. Bruno, Respondents.

Court of Appeals of Oregon.

Decided March 26, 1973.

Attorney(s) appearing for the Case

George Wittemyer, P.C., Portland, argued the cause for appellant. With him on the briefs were William E. Tassock, and Barzee, Leedy & Tassock, Portland.

James H. Clarke, Portland, argued the cause for respondent Allstate Ins. Co. With him on the brief were McColloch, Dezendorf, Spears & Lubersky, and Richard S. Borst, and Richard H. Williams, Portland.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent State of Oregon. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

Before SCHWAB, C.J. and FOLEY and THORNTON, JJ.

THORNTON, Judge.

This is a declaratory judgment proceeding in which plaintiff, American Star Insurance Company, seeks contribution on two insurance claims from either Allstate Insurance Company, the State Highway Commission, or both. The trial court denied plaintiff's claim for contribution, and American Star appeals.

This proceeding arises from two accidents, both of which occurred on defendant Commission's right-of-way property. The first accident, involving...

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