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STATE v. NORTHWESTERN PAC. INDEM. CO.

No. A7812-19509L; CA 14806.

611 P.2d 322 (1980)

46 Or.App. 191

STATE of Oregon, Appellant, v. NORTHWESTERN PACIFIC INDEMNITY COMPANY, Respondent.

Court of Appeals of Oregon.

Decided May 19, 1980.

Attorney(s) appearing for the Case

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

E. Pennock Gheen, Portland, argued the cause for respondent. With him on the brief was Hershiser, Mitchell, Mowery & Davis, Portland.

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

GILLETTE, Judge.

The issue in this case is whether Northwestern Pacific Indemnity Company (Northwestern) had a duty to defend its insured, the state of Oregon. The trial court sustained Northwestern's demurrer to the state's second amended complaint, holding that the complaint did not state a cause of action and that Northwestern had no duty to defend. ORS 16.260(6), infra. Judgment was entered on the demurrer,1 and the state appeals...

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