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WESTERN WOOD MOULDING, ETC. v. ARGONAUT INS.

569 P.2d 1 (1977)

279 Or. 319

WESTERN WOOD MOULDING & MILLWORK PRODUCERS, Inc., an Arizona Corporation, Appellant, v. ARGONAUT INSURANCE COMPANY, a California Corporation, Respondent, Johnson & Higgins of Oregon, an Oregon Corporation, and Johnson & Higgins of California, a California Corporation, Defendants.

Supreme Court of Oregon, Department 1.

Decided September 13, 1977.

Attorney(s) appearing for the Case

Thomas S. Moore, Portland, argued the cause for appellant. With him on the brief were Morrison, Dunn, Cohen, Miller & Carney, Portland.

William R. Miller, Jr., Portland, argued the cause for respondent. With him on the brief were William L. Hallmark, and Jones, Lang, Klein, Wolf & Smith, Portland.

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

HOLMAN, Justice.

This action was brought by an insured, an association of manufacturers, against its insurer to recover a portion of the dividends allegedly declared on a group policy of workmen's compensation insurance. Plaintiff claims that the defendant wrongfully withheld payment of a portion of the dividends from the third of three successive policy years. The case was tried to the court without a jury and plaintiff appealed...

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