ORE-IDA FOODS, INC. v. GONZALEZ

No. 15030E; CA 13228, No. 15033E; CA 13375.

602 P.2d 1132 (1979)

43 Or.App. 393

In the Estate of Hilario Gonzalez, Deceased. ORE-IDA FOODS, INC., a Corporation, and Drake Insurance Company of New York, a Corporation, Appellants, v. Roman GONZALEZ, Individually and As Personal Representative of the Estate of Hilario Gonzalez, Deceased, Hilario Gonzalez, Jr., Olga Marines, Arcile Ramirez, Elizabeth Longoria, Davis Gonzalez, Lisa Marie and Jason M. Gonzalez, Respondents. Donna Lee Burzota, Appellant, v. Roman Gonzalez, Individually and As Personal Representative of the Estate of Hilario Gonzalez, Deceased, Hilario Gonzalez, Jr., Olga Marines, Arcile Ramirez, Elizabeth Longoria, David Gonzalez, Lisa Marie Burzota, and Jason M. Gonzalez, Respondents.

Court of Appeals of Oregon.

Decided November 26, 1979.


Attorney(s) appearing for the Case

Cliff S. Bentz, Ontario, argued the cause for appellants Ore-Ida Foods, Inc., and Drake Insurance Company of New York. With him on the brief was Yturri, Rose & Burnham, Ontario.

G. Kenneth Shiroishi, Portland, argued the cause for appellant Donna Lee Burzota. On the briefs were Gilbert E. Parker, Jr., and Morrison, Dunn, Cohen, Miller & Carney, Portland.

Wendell Gronso, Burns, argued the cause and filed the briefs for respondents Roman Gonzalez, Hilario Gonzalez, Jr., Olga Marines, Arcile Armirez, Elizabeth Longoria, and David Gonzalez.

William E. Van Atta, Ontario, waived appearance for respondents Lisa Marie Burzota and Jason M. Gonzalez.

Before JOSEPH, P.J., and LEE and RICHARDSON, JJ.


JOSEPH, Presiding Judge.

Plaintiffs Ore-Ida Foods, Inc. and Drake Insurance Company sought a declaratory judgment to require the defendants to include Donna Lee Burzota as a beneficiary-party in a wrongful death action against Indian Head Cattle Company arising out of the death of Hilario Gonzalez, with whom Burzota had maintained a domestic relationship without marriage for five years. Ore-Ida was the employer of Gonzalez...

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