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STATE, HEALY v. MARYLAND CASUALTY COMPANY

557 P.2d 258 (1976)

27 Or.App. 735

STATE of Oregon, Acting by and through Frank J. HEALY, Corporation Commissioner, Respondent, v. MARYLAND CASUALTY COMPANY, Defendant, and J. Richard Deal, Intervenor-Appellant. State of Oregon, Acting by and through Frank J. Healy, Corporation Commissioner, Respondent, v. United Pacific Insurance Company, Appellant.

Court of Appeals of Oregon.

Decided December 13, 1976.

Attorney(s) appearing for the Case

Elizabeth Yeats, Portland, argued the cause for appellants. With her on the briefs were Kobin & Meyer and Paul R. Meyer, Portland, attorneys for appellants United Pacific Ins. Co. and J. Richard Deal, and Brand, Lee, Ferris & Embick and Thomas B. Brand, Salem, attorneys for intervenor-appellant J. Richard Deal.

No appearance for defendant Maryland Casualty Co.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and FORT and THORNTON, JJ.

THORNTON, Judge.

In these consolidated cases plaintiff sought recovery against defendants as sureties for Pacific Securities Company on two blue sky bonds. The court, without a jury, concluded:

"(1) Plaintiff has capacity and standing to bring this action. "(2) The complaint states facts sufficient to constitute a cause of action under the bond and an allegation of fraud is not necessary. "(3) Neither the two-year nor the three-year statute...

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