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Royal Ins. Co. v. State Trans. Comm

Oregon Court of Appeals
Mar 19, 1985
691 P.2d 915 (Or. Ct. App. 1985)

Opinion

16-83-03206; CA A29388

Argued and submitted March 9, reversed and remanded November 28, 1984, reconsideration denied February 15, petition for review allowed March 19, 1985 ( 298 Or. 822) See 299 Or. 688, 705 P.2d 1144 (1985)

Appeal from Circuit Court, Lane County.

William A. Beckett, Judge.

Richard A. Roseta, Eugene, argued the cause for appellant. With him on the briefs was Flinn, Brown Roseta, Eugene.

Michael D. Reynolds, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, and James E. Mountain, Jr., Solicitor General, Salem.

Before Buttler, Presiding Judge, and Warren and Rossman, Judges.


PER CURIAM

Reversed and remanded.


Plaintiff brought this action against the state for contribution or indemnity for sums paid in settlement on behalf of its insured for personal injuries sustained by two claimants. On appeal, plaintiff contends that the trial court erred in granting the state's motion to dismiss its complaint for failure to state ultimate facts sufficient to constitute a claim for relief. This case was consolidated for argument with Scovell v. TRK Trans, Inc., 71 Or. App. 186, 691 P.2d 911 (1984), in which we concluded that the third-party plaintiff was entitled to maintain its action for contribution. The parties agree that the issues presented here are identical to those considered in Scovell.

Reversed and remanded.


Summaries of

Royal Ins. Co. v. State Trans. Comm

Oregon Court of Appeals
Mar 19, 1985
691 P.2d 915 (Or. Ct. App. 1985)
Case details for

Royal Ins. Co. v. State Trans. Comm

Case Details

Full title:ROYAL INSURANCE COMPANIES, Appellant, v. STATE OF OREGON, OREGON…

Court:Oregon Court of Appeals

Date published: Mar 19, 1985

Citations

691 P.2d 915 (Or. Ct. App. 1985)
691 P.2d 915

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