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NORTHWESTERN PAC. INDEM. CO. v. CANUTT

570 P.2d 1182 (1977)

280 Or. 375

NORTHWESTERN PACIFIC INDEMNITY COMPANY, Respondent/Cross-Respondent, v. Steven L. CANUTT, Jane Doe Canutt, Herbert B. Galton and Leonard Popick Dba Galton & Popick, Appellants/Cross-Respondents, Hartford Accident Indemnity Company, Respondent/Cross-Appellant, Cavalier Insurance Company, Defendant.

Supreme Court of Oregon.

Decided November 8, 1977.

Attorney(s) appearing for the Case

Gary M. Galton, Portland, argued the cause for appellants/cross-respondents. With him on the briefs were Alan M. Scott and Galton & Popick, Portland.

Ridgway K. Foley, Portland, argued the cause for respondent/cross-respondent. With him on the brief were Gregory W. Byrne, and Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland.

Michael J. Gentry, Portland, argued the cause for respondent/cross-appellant. With him on the brief were Tooze, Kerr, Peterson, Marshall & Shenker, Portland.

Before DENECKE, C.J., and HOLMAN, HOWELL, BRYSON, LENT and LINDE, JJ.

LENT, Justice.

This is a declaratory judgment proceeding. ORS chapter 28. The proceeding arises out of a "third party" action by an injured workman pursuant to ORS 656.154 and 656.576 et seq.1 Defendant Steven L. Canutt2 while in the course and scope of his employment on October 29, 1973, sustained injury to his knee when his automobile was struck by an automobile operated by one Hammond. Hammond's liability...

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