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INTERNATIONAL U. OF OP. ENG. L. 701 v. CENTRAL N.L.I. CO.

519 P.2d 85 (1974)

INTERNATIONAL UNION OF OPERATING ENGINEERS, Local 701, and Russ Joy, Respondents, v. CENTRAL NATIONAL LIFE INSURANCE COMPANY, Appellant.

Supreme Court of Oregon, In Banc.

Decided February 22, 1974.

Attorney(s) appearing for the Case

W. Eugene Hansen, Salt Lake City, Utah, argued the cause for appellant. With him on the briefs were Nielson, Conder, Hansen & Henriod, Salt Lake City, Utah and Charles Paulson, Portland.

Don S. Willner, Portland, argued the cause for respondents. With him on the brief were Willner, Bennett, Meyers, Riggs & Skarstad, Portland.

O'CONNELL, Chief Justice.

This action was brought by plaintiff union to recover money damages from defendant insurance company for breach of a contract of insurance. The trial court held in favor of plaintiff. Defendant appeals.

Plaintiff is one of thirty-six local unions, all of which are members of Western States Conference of Operating Engineers. In late 1970, defendant, in competition with other insurance carriers...

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