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OREGON AUTO. INS. CO. v. BALTZOR

31688; CA A30023.

688 P.2d 403 (1984)

70 Or.App. 34

OREGON AUTOMOBILE INSURANCE COMPANY, Appellant, v. Arthur BALTZOR, Appellant, Estate of Florence Cook, through Gilbert Fish, As Personal Representative, Respondent, Vera Baltzor, Lou Pauly, Kenneth E. Dixon, Jean P. Dixon, John Does a through Z, Whose Names Are Unknown, Defendants.

Court of Appeals of Oregon.

Decided September 26, 1984.

Review Denied December 4, 1984.

Attorney(s) appearing for the Case

Lawrence W. Erwin, P.C., Bend, argued the cause and filed the briefs for appellants.

Gary L. Hedlund, Klamath Falls, argued the cause and filed the brief for respondent.

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

WARREN, Judge.

This action, in the nature of interpleader and indemnity, was brought to determine which of two defendants is entitled to a $15,000 penal bond issued by plaintiff Oregon Auto to one of defendants, Arthur Baltzor, d/b/a BN Mobile Homes. The trial court awarded judgment in the amount of the bond to defendant Cook's estate and required Baltzor to indemnify Oregon Auto. Baltzor and Oregon Auto appeal. We affirm.

Before this case was filed, a dispute...

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