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COLE v. ZIDELL EXPLORATIONS, INC.

550 P.2d 1194 (1976)

Paul J. COLE, Appellant, v. ZIDELL EXPLORATIONS, INC., an Oregon Corporation, Respondent.

Supreme Court of Oregon, Department 2.

Decided June 17, 1976.

Attorney(s) appearing for the Case

Kenneth Bourne, of Anthony Pelay, Jr. & Kenneth Bourne, Portland, argued the cause and filed the briefs for appellant.

Edward H. Warren, Portland, argued the cause for respondent. With him on the brief were Hershiser, Mitchell & Warren, and James D. Hibbard, Portland.

Before O'CONNELL, C.J, and HOLMAN, TONGUE and BRYSON, JJ.

TONGUE, Justice.

This is an action for damages sustained by a workman who was injured while working upon the premises of defendant, who was not his employer, but a "third party." Both plaintiff's employer and defendant were employers subject to provisions of the Oregon Workmen's Compensation Act, ORS 656.001 et seq. Plaintiff appeals from a judgment in favor of defendant, based upon findings of fact and conclusions of law by the trial court to the effect that plaintiff...

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