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INDUSTRIAL UNDERWRITERS, INC. v. JKS, INC.

A8403-01802; CA A40151.

750 P.2d 1216 (1988)

90 Or.App. 189

INDUSTRIAL UNDERWRITERS, INC., Appellant, v. JKS, INC., and Empire Fire & Marine Insurance Company, Respondents.

Court of Appeals of Oregon.

Decided March 9, 1988.

Attorney(s) appearing for the Case

John Faust, Portland, argued the cause for appellant. On the briefs were Richard J. Kuhn, Mildred J. Carmack and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

I. Franklin Hunsaker, Portland, argued the cause for respondent Empire Fire & Marine Insurance Company. With him on the brief were Thomas D. Adams, Steven F. English and Bullivant, Houser, Bailey, Hanna, Pendergrass, Hoffman, O'Connell & Goyak, Portland.

No appearance for respondent JKS, Inc.

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

PER CURIAM.

When counsel for the parties appeared on the day set for trial, and before the jury had been impaneled, the trial judge announced that he was prepared to grant summary judgment1 for defendant Empire Fire, although no motion had been made. Defendant's counsel propitiously stated, "I so move." Plaintiff's counsel objected, stating that he was there to start trial and would like to do so. Although the court permitted plaintiff...

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