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TRAVELERS INDEM. CO. v. AMERICAN INS. CO.

563 P.2d 684 (1977)

278 Or. 193

TRAVELERS INDEMNITY COMPANY, a corporation, Appellant, v. THE AMERICAN INSURANCE COMPANY, a corporation, Respondent.

Supreme Court of Oregon.

Decided May 3, 1977.

Attorney(s) appearing for the Case

Michael J. Gentry, Portland, argued the cause for appellant. With him on the briefs were Paul R. Duden and Tooze, Kerr, Peterson, Marshall & Shenker, Portland.

Mark H. Wagner, Portland, argued the cause for respondent. With him on the brief were Ridgway K. Foley, Jr., and Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland.

Before HOWELL, P.J., and BRYSON, LINDE and MENGLER, JJ.

BRYSON, Justice.

Plaintiff (Travelers) brought this action to recover contribution from defendant (American) for monies paid and legal expenses incurred in the settlement of a third-party claim. Defendant counterclaimed on an express contract of indemnity for legal expenses incurred by it in connection with the same third-party claim. The circuit court granted summary judgment for defendant on its counterclaim and against...

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