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UNITED STATES FID. & GUAR. CO. v. KAISER GYPSUM CO., INC.

539 P.2d 1065 (1975)

UNITED STATES FIDELITY & GUARANTY COMPANY, Appellant, v. KAISER GYPSUM COMPANY, INC., Respondent.

Supreme Court of Oregon, In Banc.

Decided September 18, 1975.

Attorney(s) appearing for the Case

James H. Gidley, Cosgrave & Kester, Portland, argued the cause and filed a brief for appellant.

J. Terrence Bittner, Jones, Lang, Klein, Wolf & Smith, Portland, argued the cause and filed a brief for respondent.

McALLISTER, Justice.

This is an action for common law indemnity brought by plaintiff, United States Fidelity & Guaranty Company, against defendant, Kaiser Gypsum Co., Inc. The court found for defendant, and plaintiff appeals. The issues on appeal are:

(1) Whether ORS 656.018(1) bars plaintiff's action for indemnity; and (2) Whether the amended complaint states facts sufficient to constitute a cause of action against Kaiser.

The facts...

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