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  5. 839 P.2d 743 (1992)
 

OLD REPUBLIC SURETY CO. v. McILWAIN

90-5-30; CA A69654.

839 P.2d 743 (1992)

115 Or. App. 615

OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, Appellant, v. Robert McILWAIN and Betty McIlwain, husband and wife, Respondents.

Court of Appeals of Oregon.

Decided October 21, 1992.

Attorney(s) appearing for the Case

John L. Langslet, Portland, argued the cause, for appellant. With him on the brief, was Martin, Bischoff, Templeton, Langslet & Hoffman, Portland.

No appearance for respondents.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

ROSSMAN, Judge.

Plaintiff appeals from an order setting aside a judgment entered on an arbitration award. We reverse.

Plaintiff brought this action to recover on an indemnity agreement. The case was transferred to a court arbitration program, ORS 36.400, and was heard on September 19, 1990. On September 21, 1990, the arbitrator issued a written opinion in plaintiff's favor. A copy of that opinion was sent to and received by defendants' attorney on September...

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