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BOLDMAN v. MT. HOOD CHEMICAL CORP.

No. 406-763; SC 25009.

602 P.2d 1072 (1979)

288 Or. 121

Milli BOLDMAN, Personal Representative of the Estate of William H. Boldman, Deceased, Plaintiff, v. MT. HOOD CHEMICAL CORPORATION, a Corporation, Respondent/Cross-Appellant, v. Fmc Corporation, a Delaware Corporation, Appellant/Cross-Respondent.

Supreme Court of Oregon.

Decided November 27, 1979.

Attorney(s) appearing for the Case

John E. Hart, of Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland, argued the cause for appellant/cross-respondent. With him on the briefs were Gino G. Pieretti, Jr., and Ridgway K. Foley, Jr., Portland.

William L. Hallmark, of Jones, Lang, Klein, Wolf & Smith, Portland, argued the cause for respondent/cross-appellant. With him on the brief was William R. Miller, Jr., Portland.

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

DENECKE, Chief Justice.

This is an action for indemnity by Mt. Hood Chemical Corporation as third-party plaintiff against FMC Corporation, third-party defendant. The action arises out of the death of one of FMC's employes. Worker's compensation benefits were paid to the spouse of the deceased employe. The personal representative subsequently brought an action against Mt. Hood, the supplier of a chemical which caused the employe's death. Mt. Hood filed a third-party...

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