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  5. 734 P.2d 890 (1987)
 

MILLERS MUT. FIRE INS. CO. v. WILDISH CONST.

82-4537-J-2; CA A37930.

734 P.2d 890 (1987)

84 Or. App. 464

THE MILLERS MUTUAL FIRE INSURANCE COMPANY OF TEXAS, a Texas Corporation, Plaintiff, v. WILDISH CONSTRUCTION COMPANY, an Oregon Corporation, Respondent, and Wayne F. Barnes and Cynthia G. Barnes, Husband and Wife, Appellants.

Court of Appeals of Oregon.

Decided March 25, 1987.

Reconsideration Denied May 29, 1987.

Attorney(s) appearing for the Case

Sidney E. Ainsworth, Ashland, argued the cause for appellants. On briefs were Thomas M. Sheridan, Jack Davis and Davis, Ainsworth, Pinnock, Davis & Gilstrap, P.C., Ashland.

Michael H. Long, Eugene, argued the cause for respondent. With him on brief was Flinn, Brown & Roseta, Eugene.

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

WARREN, Judge.

The Millers Mutual Fire Insurance Company (plaintiff) brought this action against Wildish Construction Company (defendant) to recover insurance proceeds paid to defendants Wayne and Cynthia Barnes (the Barneses) for damages caused to their home as a result of defendant's blasting operations. The Barneses were joined as defendants, because they refused to subrogate their claim against defendant to plaintiff. They filed a cross-claim against defendant...

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