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MAZOROL v. COATS

87-CV-0212-WE; CA A50694.

793 P.2d 326 (1990)

102 Or.App. 8

Ernest J. MAZOROL, III, Appellant, v. Steven Douglas COATS, Respondent, and Douglas S. Coats, Inc., an Oregon Corporation, Defendant.

Court of Appeals of Oregon.

Decided May 30, 1990.

Reconsideration Denied August 29, 1990.

Attorney(s) appearing for the Case

Warren John West, Bend, argued the cause and filed the brief for appellant.

Ronald L. Marceau, Bend, argued the cause for respondent. With him on the brief was Marceau, Karnopp, Petersen, Noteboom & Hubel, Bend.

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

WARREN, Judge.

Plaintiff brought this action to recover for injuries sustained in an automobile accident with Steven Coats.1 On defendant's motion, the trial court dismissed plaintiff's action, because it concluded that plaintiff had failed to exhaust his remedies under his own uninsured motorist coverage, pursuant to ORS 734.640(1), before pursuing this action against defendant. Plaintiff appeals, and we reverse.

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