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EVANS v. INVESTORS INSURANCE CORPORATION

536 P.2d 506 (1975)

Richard D. EVANS, Respondent, v. INVESTORS INSURANCE CORPORATION, Appellant.

Supreme Court of Oregon, In Banc.

Argued and Submitted May 8, 1975.

Attorney(s) appearing for the Case

Peter C. Richter, Portland, argued the cause for appellant. With him on the brief were Miller, Anderson, Nash, Yerke & Weiner and Curtis W. Cutsforth, Portland.

Gary M. Bullock, Portland, argued the cause and filed the brief for respondent.

TONGUE, Justice.

This is an action on an insurance policy to recover expenses incurred for surgery to correct a varicocele of plaintiff's testicle. The case was tried before the court without a jury on a "Stipulated Statement of Facts," with attached exhibits, including plaintiff's deposition. Defendant appeals from a judgment for plaintiff in the sum of $1,389.15, plus costs and attorney fees. We affirm.

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