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UNITED PACIFIC INSURANCE CO. v. TRUCK INS. EXCH.

541 P.2d 448 (1975)

UNITED PACIFIC INSURANCE COMPANY, a Corporation, Respondent, v. TRUCK INSURANCE EXCHANGE, a Corporation, Appellant.

Supreme Court of Oregon.

Decided October 16, 1975.

Attorney(s) appearing for the Case

Sam F. Speerstra, Salem, argued the cause for appellant. With him on the briefs were Rhoten, Rhoten & Speerstra and Keith J. Bauer, Salem.

John C. Sihler, Eugene, argued the cause for respondent. With him on the brief were Darst B. Atherly and Thwing, Atherly & Butler, Eugene.

Before McALLISTER, P.J., and DENECKE, HOLMAN, TONGUE, HOWELL and BRYSON, JJ.

McALLISTER, Justice.

This is an action for common law indemnity brought by United Pacific Insurance Company as plaintiff against Truck Insurance Exchange as defendant. The court found for plaintiff and defendant appeals.

The facts are complicated, but for the most part were stipulated. It appears that Donald B. Stockton, doing business as Stockton Lime Company, had a contract to haul mercury mine tailings from Cottage Grove to Portland. Stockton was operating...

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