LINDSEY v. DAIRYLAND INS. CO.


565 P.2d 744 (1977)

278 Or. 681

James LINDSEY, Appellant, v. DAIRYLAND INSURANCE CO., Respondent.

Supreme Court of Oregon, Department 1.

Decided June 21, 1977.


Attorney(s) appearing for the Case

William B. Wyllie, Salem, argued the cause and filed a brief for appellant.

Bruce W. Williams, of Williams, Spooner & Graves, P.C., Salem, argued the cause and filed a brief for respondent.

Before DENECKE, C.J., and HOLMAN, LENT and TOMPKINS, JJ.


LENT, Justice.

This is a declaratory judgment proceeding pursuant to ORS Chapter 28 to determine whether defendant is required to pay certain attorney fees and expenses of litigation. The trial court resolved the issue in defendant's favor, and plaintiff appeals.

On or about February 4, 1973, plaintiff suffered personal injuries in an automobile collision wherein one Roman was the driver of the other vehicle. Roman carried liability insurance with State Farm...

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