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NORTHERN INS. CO. OF NEW YORK v. CONN ORGAN

No. 44588; CA 11500.

596 P.2d 605 (1979)

40 Or.App. 785

NORTHERN INSURANCE COMPANY OF NEW YORK, Appellant, v. CONN ORGAN Corporation, Donald W. Rife and Clara M. Rife, d/b/a Rife Conn Organ Sales & Studios, Defendants, The Marshall Company and the Marshall Fixture Company, Respondents. The Marshall Fixture Company, an Idaho Corporation, Third-Party-Plaintiff, v. E.R. Carpenter Company, Inc., a Corporation, Third-Party-Defendant.

Court of Appeals of Oregon.

Decided June 25, 1979.

Attorney(s) appearing for the Case

John C. Mercer, Portland, argued the cause for respondents. With him on the brief was Gearin, Landis & Aebi, Portland.

David P. Morrison, Portland, argued the cause for appellant. With him on the briefs was Cosgrave, Kester, Crowe, Gidley & Lagesen, Portland.

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

JOSEPH, Judge.

This is an action for property damage arising out of a fire in a church. Plaintiff Northern Insurance Company of New York (the insurer) appeals from judgments entered for defendants Marshall Company (Marshall) and Marshall Fixture Company (Marshall Fixture) on their demurrers.

The fire occurred on March 17, 1973. It originated in an organ and spread to pew cushions, the flammability of which allegedly contributed to causing substantial additional...

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