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STATE EX REL. DRISCOLL v. INTER-WEST INS.

CV 86-037; CA A44391.

756 P.2d 1283 (1988)

92 Or.App. 88

STATE of Oregon ex rel. Josephine M. Driscoll, Insurance Commissioner for Oregon, Appellant, v. INTER-WEST INSURANCE COMPANY, an Oregon Corporation, Respondent-Respondent, and Herbert G. Holst and Dorothy Holst, As Individuals, Defendants-Respondents.

Court of Appeals of Oregon.

July 6, 1988.

Attorney(s) appearing for the Case

Rives Kistler, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Thomas C. Tankersley, McMinnville, argued the cause for respondents. With him on the brief was Drabkin, Tankersley and Richardson, McMinnville.

Before WARREN, P.J., and ROSSMAN, J., and RIGGS, J. Pro Tem.

RIGGS, Judge, Pro Tem.

Plaintiff appeals from a trial court judgment entered after the court granted defendants' motion to dismiss plaintiff's complaint for failure to state ultimate facts sufficient to constitute a claim. We reverse.

We assume that the facts alleged in plaintiff's complaint are true. Plaintiff is the receiver for Inter-West Insurance Company, which bought four acres of land from defendants in 1983...

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