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FEDERATED AMERICAN INS. CO. v. CHILDERS

No. L 11,317; CA 12858.

608 P.2d 584 (1980)

45 Or.App. 379

FEDERATED AMERICAN INSURANCE COMPANY, a Washington Corporation, Appellant, v. Lon Gray CHILDERS and Thomas Mark Ryder, Respondents.

Court of Appeals of Oregon, In Banc.

Decided March 24, 1980.

Resubmitted March 13, 1980.

Attorney(s) appearing for the Case

William G. Wheatley, Eugene, argued the cause for appellant. With him on the briefs was Jaqua & Wheatley, Eugene.

John J. Haugh, Portland, argued the cause and filed the brief for respondent Lon Gray Childers.

James H. Gidley and Cosgrave, Kester, Crowe, Gidley & Lagesen, Portland, waived appearance for respondent Thomas Mark Ryder.

Argued and submitted October 15, 1979, before TANZER, P.J., and THORNTON and CAMPBELL, JJ.

Resubmitted in banc March 13, 1980, before SCHWAB, C.J., and THORNTON, TANZER, RICHARDSON, BUTTLER, JOSEPH, GILLETTE, ROBERTS and CAMPBELL, JJ.

THORNTON, Judge.

This action at law, brought by plaintiff insurer for declaratory relief, was tried to the court. Plaintiff appeals from the judgment determining that defendant...

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