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FARMERS INS. CO. OF OREGON v. WICKHAM

A8505-03078; CA A39754.

739 P.2d 30 (1987)

86 Or.App. 100

FARMERS INSURANCE COMPANY OF OREGON, Appellant, v. Tracy WICKHAM, by and through His Guardian Ad Litem, Patricia Wickham, and State of Oregon, Respondents.

Court of Appeals of Oregon.

Decided June 24, 1987.

Attorney(s) appearing for the Case

Thomas M. Christ, Portland, argued the cause for appellant. With him on the briefs were Barry F. Shanks, Portland, and Mitchell, Lang & Smith, Portland.

Margaret E. Rabin, Asst. Atty. Gen., Salem, argued the cause for respondent State of Oregon. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

No appearance for respondent Wickham.

Before WARDEN, P.J., and JOSEPH, C.J., and VAN HOOMISSEN, J.

VAN HOOMISSEN, Judge.

This is an action for a declaratory judgment. Farmers Insurance Company (Farmers) sought a declaration that medical assistance payments made to defendant Wickham by the state pursuant to ORS Chapter 414 are "governmental benefits" within the meaning of ORS 743.810(1)(e). There are no issues of fact. The parties filed cross-motions for summary judgment. The trial court denied Farmers' motion for summary...

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