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HEINTZ v. BAXTER

9009-05848; CA A72600.

853 P.2d 320 (1993)

120 Or. App. 603

Steven A. HEINTZ, Respondent, v. William BAXTER, Appellant.

Court of Appeals of Oregon.

Decided June 2, 1993.

Reconsideration Denied August 4, 1993.

Review Denied August 24, 1993.

Attorney(s) appearing for the Case

Lauren M. Underwood, Portland, argued the cause for appellant. With him on the brief were Cathy E. Smith and Underwood, Norwood & Hiefield, Portland.

Thomas O. Carter, Portland, argued the cause and filed the brief for respondent.

Before RICHARDSON, C.J., and DEITS and DURHAM, JJ.

DURHAM, Judge.

In this personal injury action arising out of an automobile accident, plaintiff obtained a judgment. Defendant moved, under ORS 18.510, for an order of partial satisfaction to offset amounts that plaintiff had recovered as PIP payments from an insurer that had requested direct reimbursement from defendant's insurer, pursuant to ORS 742.534. Defendant's motion was supported by the affidavit of his attorney, who had been retained by his insurer, Mutual...

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