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FIRCREST POULTRY FARMS CO. v. STATE OF OR.

A8411-06918; CA A37132.

728 P.2d 968 (1986)

82 Or.App. 695

FIRCREST POULTRY FARMS CO., and Industrial Indemnity Co., Appellants, v. THE STATE OF OREGON; STATE BOARD OF HIGHER EDUCATION; THE UNIVERSITY OF OREGON; AND DEAN DIXON, Respondents. Garett Clayton; Brad Steward; James Terry; Larry Topliff; Travis Hancock; Keith Beutler; Brett Hamilton; Miles Hancock; Faye Kesey, Personal Representative of Jed Kesey, Deceased; Vernell West, Personal Representative of Lorenzo West, Deceased; and Daemon Knight, Defendants.

Court of Appeals of Oregon.

Decided December 4, 1986.

Reconsideration Denied January 30, 1987.

Attorney(s) appearing for the Case

Michael S. Sommers, Portland, argued the cause for appellants. With him on the briefs were Frank E. Day and Burt & Day, P.C., Portland.

Richard D. Wasserman, Asst. Atty. Gen., Salem, argued the cause for respondents. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before RICHARDSON, P.J., JOSEPH, C.J., and NEWMAN, J.

NEWMAN, Judge.

Plaintiffs appeal a judgment that declared that plaintiff Industrial Indemnity Co (Industrial) must defend and indemnify defendants State of Oregon, State Board of Higher Education, University of Oregon (all herein referred to as "the state") and Dixon against liability claims of third persons arising out of an automobile accident.1 The trial court granted defendants' motion for summary judgment. We affirm.

The parties...

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