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GENERAL INS. CO. OF AMERICA v. DEERE & CO.

No. 81-0748; CA A24678.

663 P.2d 790 (1983)

63 Or.App. 360

GENERAL INSURANCE COMPANY OF AMERICA, a Washington corporation, Appellant, v. DEERE & COMPANY, a Delaware corporation; John Deere Company, a Delaware corporation; and Cascade Tractor and Implement Co., an Oregon Corporation, Respondents.

Court of Appeals of Oregon.

Decided May 25, 1983.

Attorney(s) appearing for the Case

Carrell F. Bradley, Hillsboro, argued the cause and filed the brief for appellant.

Don G. Carter, Portland, argued the cause for respondents. With him on the brief was McEwen, Newman, Hanna & Gisvold, Portland.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.

YOUNG, Judge.

This is an action to recover litigation expenses incurred by plaintiff in defending actions brought against plaintiff's insured by third parties. Plaintiff appeals from a judgment for defendants that was rendered pursuant to an order granting defendants' motion for summary judgment on the ground that the present action was barred by res judicata. We affirm.

We summarize the relevant facts alleged in the pleadings. In June, 1977, plaintiff's insured...

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