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FOURTH AVENUE CORPORATION v. L.P. BUSCH, INC.

Nos. C93-0223 CV; CA A87195.

912 P.2d 416 (1996)

139 Or. App. 491

FOURTH AVENUE CORPORATION, an Oregon corporation, Appellant, v. L.P. BUSCH, INC., an Oregon corporation, Eldon N. Cain, Ronald Cain and Thomas M. Cain, Defendants. L.P. BUSCH, INC., an Oregon corporation, Eldon N. Cain, Ronald Cain and Thomas M. Cain, Third-Party Plaintiffs, v. AMERICAN ECONOMY INSURANCE COMPANY and Exxon Corporation, Third-Party Defendants. EXXON CORPORATION, Counterclaim-Plaintiff-Respondent, v. L.P. BUSCH, INC., an Oregon corporation, Eldon N. Cain, Ronald Cain and Thomas M. Cain, Counterclaim-Defendant, and FOURTH AVENUE CORPORATION, an Oregon corporation, Counterclaim-Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 6, 1996.

Attorney(s) appearing for the Case

Thomas P. Walsh, Portland, argued the cause for appellant. With him on the briefs was Shannon, Johnson & Bailey, P.C.

Todd W. Miller, Klamath Falls, argued the cause for respondent. On the brief were Rachel A. Yates and Holland & Hart.

Before LANDAU, P.J., LEESON, J., and BUTTLER, Senior Judge.

BUTTLER, Senior Judge.

Fourth Avenue Corporation1 leased real property to Exxon in 1960 for the operation of a service station. When the lease terminated in 1980, Exxon sold all of the equipment at the service station, including the underground storage tank system, to Fourth Avenue. The Bill of Sale agreement provided:

"Purchaser by the acceptance of this bill of sale releases, indemnifies and agrees to save harmless seller from...

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