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SHINY ROCK MINING CO. v. ACE PROPERTY AND CAS. INS. CO.

No. 00C-12656; A120827.

114 P.3d 538 (2005)

200 Or. App. 393

SHINY ROCK MINING COMPANY, an Oregon corporation, Appellant, v. ACE PROPERTY AND CASUALTY INSURANCE COMPANY, a Pennsylvania corporation, fka Cigna Property and Casualty Insurance Company, fka Aetna Insurance Company; and Insurance Company of North America, a Pennsylvania corporation, Respondents.

Court of Appeals of Oregon.

Decided June 22, 2005.

Attorney(s) appearing for the Case

Jamese Rhoades, Judge.

Harlan E. Jones, Lake Oswego, argued the cause for appellant. With him on the opening brief were Christopher L. Reive, Linda L. Waugh, and Jordan Schrader PC. With him on the reply brief was Jordan Schrader PC.

Steven P. Soha, Seattle, WA, argued the cause for respondents. With him on the briefs were Christine E. Dinsdale and Soha & Lang, P.S.

Before HASELTON, Presiding Judge, and ORTEGA, Judge, and DEITS, Judge pro tempore.

PER CURIAM.

In this action seeking insurance reimbursement for environmental remediation costs, plaintiff raises two assignments of error in its challenge of summary judgment for defendant insurer. We reject plaintiff's first assignment of error without discussion. Plaintiff's second assignment of error is resolved by Schnitzer Investment Corp. v. Certain Underwriters, 197 Or.App. 147, 104 P.3d 1162

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