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MINER v. CITY OF VERNONIA

No. 23852; CA 16096.

614 P.2d 1206 (1980)

47 Or.App. 393

Elroy H. MINER, Respondent, v. CITY OF VERNONIA, a Municipal Corporation, Appellant, v. State Accident Insurance Fund, Respondent.

Court of Appeals of Oregon.

Decided July 28, 1980.

Attorney(s) appearing for the Case

Ronald C. Holloway, Hillsboro, argued the cause for appellant. On the briefs were David G. Frost and Frost & Hall, Hillsboro.

Darrell E. Bewley, Associate Counsel, State Accident Ins. Fund, Salem, argued the cause for respondent State Accident Ins. Fund. With him on the brief were K.R. Maloney, Chief Counsel, and James A. Blevins, Chief Trial Counsel, State Accident Ins. Fund, Salem.

Larry K. Bruun and Welch, Bruun & Green, Portland, waived appearance for respondent Elroy H. Miner.

Before SCHWAB, C.J., and THORNTON and RICHARDSON, JJ.

RICHARDSON, Judge.

The City of Vernonia appeals a summary judgment in favor of third-party defendant State Accident Insurance Fund (SAIF). The issue is whether SAIF is required to provide compensation to plaintiff for injuries sustained while working as a volunteer fireman for the city. Plaintiff obtained a judgment against the city which is not appealed. The appeal involves a question of law. The facts respecting SAIF's alleged liability are undisputed.

Plaintiff...

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