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OR. HLTH. SC. UNIV. v. PHYSICIANS ASSN.

CV-91-043; CA A73205.

864 P.2d 872 (1993)

125 Or. App. 199

STATE of Oregon, for and on Behalf of OREGON HEALTH SCIENCES UNIVERSITY, Respondent, v. PHYSICIANS ASSOCIATION OF CLACKAMAS COUNTY HEALTH PLANS, INC., an Oregon corporation, Appellant, and Christopher J. Herd, an incapacitated person, Defendant.

Court of Appeals of Oregon.

Decided December 8, 1993.

Attorney(s) appearing for the Case

Nancy A. Tauman, Oregon City, argued the cause for appellant. With her on the briefs were A. Gregory McKenzie, Kenneth Kalafut and Hibbard, Caldwell & Schultz.

Jas. Adams, Asst. Atty. Gen., argued the cause for respondent. With him on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Before ROSSMAN, P.J., and De MUNIZ and LEESON, JJ.

De MUNIZ, Judge.

Plaintiff brought this declaratory judgment action against defendant Physicians Association of Clackamas County Health Plans, Inc. (PACC) and its insured, defendant Herd.1 Plaintiff claimed that it was the third-party beneficiary of Herd's medical insurance plan issued by PACC and was entitled to reimbursement for services rendered under the plan. The trial court granted plaintiff's motion for summary judgment and denied...

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