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FIDELITY AND DEPOSIT CO. OF MD. v. GREENLEE

No. 124789; CA A24180.

660 P.2d 172 (1983)

62 Or.App. 40

FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Appellant, v. Lee GREENLEE, J.H. Greenlee, and Lloyd Weigel, Respondents.

Court of Appeals of Oregon.

Decided March 2, 1983.

Attorney(s) appearing for the Case

Mildred J. Carmack, Portland, argued the cause for appellant. With her on the briefs were Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

Myron L. Enfield, Salem, argued the cause and filed the brief for respondent Lloyd Weigel.

Dan W. Poling, Depoe Bay, waived appearance for respondents Lee and J.H. Greenlee.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

Plaintiff appeals from a judgment dismissing its action against defendants,1 principals under a surety bond issued by plaintiff, for indemnity in the amount paid by plaintiff to a claimant under the bond.

Defendants Greenlee and Weigel owned and operated United States Mobile Sales, Inc., selling used mobile homes. Plaintiff issued a motor vehicle dealer bond to Mobile Sales pursuant to ORS 481.310; each...

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