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AMERICAN STATES INSURANCE COMPANY, INC. v. CHUCK SMITH PAINTING, INC.

(CC 955085E2; CA A93943; SC S44817)

988 P.2d 378 (1999)

329 Or. 445

AMERICAN STATES INSURANCE COMPANY, INC., an Indiana corporation, Respondent on Review, v. CHUCK SMITH PAINTING, INC., an Oregon corporation, Petitioner on Review.

Supreme Court of Oregon.

October 28, 1999.

Attorney(s) appearing for the Case

Robert S. Hamilton, of deSchweinitz & Hamilton, Medford, filed the petition for petitioner on review.

No appearance contra.

Before CARSON, Chief Justice, and GILLETTE, VAN HOOMISSEN, DURHAM, and KULONGOSKI, Justices.

MEMORANDUM OPINION

The petition for review is allowed. The decision of the Court of Appeals is vacated. The case is remanded to the circuit court with instructions to dismiss the action unless plaintiff makes all persons who have any claim or interest that would be affected by the requested declaration parties to the action within a time to be set by the...

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