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INDUSTRIAL LEASING CORP. v. VAN DYKE

No. 424-150; SC 25496.

591 P.2d 352 (1979)

285 Or. 375

INDUSTRIAL LEASING CORPORATION, an Oregon Corporation, Appellant, v. Lyle H. VAN DYKE, and Myrtle Van Dyke, Husband and Wife, and John W. Cox and Leona F. Cox, Husband and Wife, Respondents.

Supreme Court of Oregon, Department 1.

Decided February 27, 1979.

Attorney(s) appearing for the Case

Ridgway K. Foley, Jr., of Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland, argued the cause for appellant. With him on the briefs was Clifford E. Nelson, Portland.

Miles A. Ward, Portland, argued the cause for respondents Van Dyke. With him on the brief were Burrows & Greene, Ernest J. Burrows and Martin J. Howard, Portland.

Peter C. Richter, Portland, argued the cause for respondents Cox. With him on the brief were Miller, Anderson, Nash, Yerke & Wiener, and Hugh C. Downer, Portland.

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

HOLMAN, Justice.

Plaintiff brought an action to secure indemnification for breach of a lease of personal property. The defendants-indemnitors were the principal owners of the corporate lessee. The defendants Cox brought a third-party claim against the defendants Van Dyke, asking that the Van Dykes be required to hold the Coxes harmless from plaintiff's claim for indemnification. There were many other controversies between the Van Dykes and the Coxes which were alleged...

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