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GRAU v. NORTHWESTERN MUT. INS. CO.

221 Or. 240 (1960)

350 P.2d 1082

GRAU v. NORTHWESTERN MUTUAL INSURANCE CO.

Supreme Court of Oregon.

Affirmed April 13, 1960.

Attorney(s) appearing for the Case

Glen McCarty, Portland, argued the cause for appellant. On the brief were McCarty & Rosacker, Portland.

Donald E. Hershiser, Portland, argued the cause for respondent. On the brief were Hershiser, McMenamin, Blyth & Jones, Portland.

Before McALLISTER, Chief Justice, and WARNER, SLOAN and DUNCAN, Justices.

AFFIRMED.

WARNER, J.

This is an action on an insurance policy covering a certain truck belonging to Francis Grau, the plaintiff, insuring against loss caused to the vehicle by collision or upset. From a judgment dismissing plaintiff's complaint, he appeals.

The case was tried to the court without a jury. Plaintiff makes but one assignment of error. He complains of the court's finding that the insurance company did not waive the provisions of its policy...

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