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RON TONKIN CHEVROLET v. CONTINENTAL INS.

9109-05679; CA A77246.

870 P.2d 252 (1994)

126 Or. App. 712

RON TONKIN CHEVROLET CO., INC., Respondent, v. CONTINENTAL INSURANCE CO., a New Hampshire corporation, Appellant.

Court of Appeals of Oregon.

Decided March 9, 1994.

Attorney(s) appearing for the Case

Ridgway K. Foley, Jr., Portland, argued the cause for appellant. With him on the briefs were James D. Huegli and Foley & Duncan, P.C.

Bruce W. DeKock, Portland, argued the cause for respondent. With him on the brief were Mark L. Cushing and Ball, Janik & Novack.

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

LEESON, Judge.

Ron Tonkin Chevrolet Co., Inc. (Ron Tonkin) brought this breach of contract action against its insurer, Continental Insurance Co. (Continental), for its rejection of Ron Tonkin's tender of defense in an action in federal court. The trial court granted summary judgment for Ron Tonkin. We affirm.

In May, 1985, Ron Tonkin's employee, Heller, requested permission to miss a sales meeting in order to attend...

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