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LOUVRING v. EXCEL LOGGING CO.

573 P.2d 266 (1977)

280 Or. 463

Karl R. LOUVRING, Appellant, v. EXCEL LOGGING CO., an Oregon Corporation, Respondent.

Supreme Court of Oregon, In Banc.

Decided November 29, 1977.

Attorney(s) appearing for the Case

David B. Brewer, Eugene, argued the cause for appellant. On the briefs were Elmer B. Sahlstrom, and Sahlstrom & Lombard, Eugene.

George A. Burgott, Eugene, argued the cause for respondent. With him on the brief were Darst B. Atherly, and Atherly, Thwing & Butler, Eugene.

HOLMAN, Justice.

Plaintiff brought an action for personal injuries. Defendant denied liability and alleged by supplemental answer that plaintiff was defendant's employee and therefore was limited to workmen's compensation benefits. The issue presented by the supplemental answer was tried to the court, which sustained the answer and dismissed plaintiff's complaint. Plaintiff appeals.

Defendant is a logging contractor. Plaintiff hauled logs for defendant. A...

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