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SMITH v. PACIFIC AUTO. INS. CO.

240 Or. 167 (1965)

400 P.2d 512

SMITH v. PACIFIC AUTOMOBILE INSURANCE CO.

Supreme Court of Oregon.

Affirmed as modified April 2, 1965.

Attorney(s) appearing for the Case

William G. Wheatley, Eugene, argued the cause for appellant and cross-respondent. On the briefs were Jaqua & Wheatley, Eugene.

Arthur C. Johnson, Eugene, argued the cause for respondent and cross-appellant. On the briefs were Johnson, Johnson & Harrang, Eugene.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, Justices.

AFFIRMED AS MODIFIED.

GOODWIN, J.

This is a proceeding for a declaratory judgment concerning the rights of the parties under an automobile liability insurance policy. Smith, the insured, seeks $5,000. The defendant-insurer contends that it owes Smith nothing. From a judgment awarding Smith $2,500 and attorney's fees, both parties appeal.

The facts are not in dispute. Smith was injured while riding in an automobile owned by Donald Damewood. The injuries...

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