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WYNIA v. FICK

(97C-891886; CA A97885)

986 P.2d 625 (1999)

162 Or. App. 365

Robert WYNIA, Appellant, v. George FICK, Respondent.

Court of Appeals of Oregon.

Decided August 25, 1999.

Attorney(s) appearing for the Case

Victor C. Pagel, Salem, argued the cause and filed the brief for appellant.

K. Christopher Jayaram, Portland, argued the cause for respondent. On the brief were M. Robert F. Smith and Smith, Freed, Heald & Chock.

Before EDMONDS, Presiding Judge, and ARMSTRONG and KISTLER, Judges.

ARMSTRONG, J.

Plaintiff appeals from a judgment of dismissal entered pursuant to ORCP 21(A)(3),1 which provides for dismissal when there is another action pending between the same parties for the same cause. He contends that the trial court erred when it applied the rule against maintaining multiple actions, because the legislature has enacted a statutory exception to that rule that allows an insurer to require its insured to bring a separate...

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