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STATE ACTING BY AND THROUGH HEALY v. SMITHER

574 P.2d 701 (1978)

32 Or.App. 561

STATE of Oregon, ACTING BY AND THROUGH Frank J. HEALY, Corporation Commissioner, Respondent, v. Harold F. SMITHER, Respondent, Asa L. Lewelling, United States National Bank, Respondents, and The American Insurance Company, Appellant.

Court of Appeals of Oregon.

Decided February 13, 1978.

Attorney(s) appearing for the Case

John R. Barker, Portland, argued the cause for appellant. With him on the briefs was Jones, Lang, Klein, Wolf & Smith, Portland.

No appearance for respondent State of Oregon, acting by and through Frank J. Healy, Corporation Commissioner.

No appearance for respondent Harold F. Smither.

Bruce A. Rubin, Portland, argued the cause for respondent Asa L. Lewelling. With him on the brief was Miller, Anderson, Nash, Yerke & Wiener, Portland.

No appearance for respondent United States National Bank.

Before SCHWAB, C.J., and THORNTON and BUTTLER, JJ.

BUTTLER, Judge.

This appeal arises from a contest between claimants The American Insurance Company and Asa L. Lewelling for priority in payment out of the assets of defendant Harold F. Smither, now in the possession and control of the Corporation Commissioner, as receiver, pursuant to an order of the circuit court entered in the principal proceeding.

Because of our disposition of the case, only a brief factual outline of the matter is necessary. Through misconduct...

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