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STATE FARM FIRE AND CAS. CO. v. REUTER

TC 16-80-07796; CA A22866; SC 28979.

657 P.2d 1231 (1983)

294 Or. 446

STATE FARM FIRE AND Casualty Company, Petitioner On Review, v. Richard Scott REUTER, Defendant, and Gail Theresa Bullen, Respondent On Review.

Supreme Court of Oregon.

Decided January 25, 1983.

Attorney(s) appearing for the Case

Daniel M. Holland, Eugene, for petitioner on review. With him on the brief was Jaqua, Wheatley, Gallagher & Holland, P.C., Eugene.

James C. Jagger, Eugene, for respondent on review. With him on the briefs was Jagger & Holland, Eugene.

Before LENT, C.J., LINDE, PETERSON, CAMPBELL, ROBERTS and CARSON, JJ., and JONES, J. Pro Tem.

JONES, Justice Pro Tem.

This case is before us on a petition by State Farm Fire and Casualty Company for a review of the decision by the Court of Appeals which held sua sponte that the insurance company's action for a declaratory judgment presented no justiciable controversy between a rape victim and the insurance company which had issued a homeowner's policy to the convicted rapist's parents. The Court of Appeals, 59 Or.App. 103

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