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WAGGONER v. OREGON AUTOMOBILE INSURANCE CO.

526 P.2d 578 (1974)

Harry R. WAGGONER and Fireman's Fund American Insurance Company, Respondents, v. OREGON AUTOMOBILE INSURANCE CO., an Oregon Corporation, and Norman J. Duffy, Dba Market Basket, Appellants.

Supreme Court of Oregon, In Banc.

Decided September 26, 1974.

Attorney(s) appearing for the Case

Mel Kosta, Klamath Falls, argued the cause for appellants. With him on the briefs were Kosta & Brant, Klamath Falls.

J. Anthony Giacomini, Klamath Falls, argued the cause for respondents. With him on the brief were Giacomini, Jones & Zamsky, Klamath Falls.

TONGUE, Justice.

This is an action for a declaratory judgment under an indemnity agreement in a lease under which the lessee-operator of a grocery store agreed to indemnify the lessor-owner of the building against liability to any other person for personal injuries resulting from any condition or lack of repair of the leased premises.

By this action the lessor-owner of the building and his insurance company seek to recover from the lessee-operator and his...

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