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STATE FARM FIRE AND CAS. CO. v. REUTER

No. 16-80-07796; CA A22866.

650 P.2d 172 (1982)

59 Or.App. 103

STATE FARM FIRE AND Casualty Company, Respondent, v. Richard Scott REUTER, Defendant, Gail Theresa Bullen, Appellant.

Court of Appeals of Oregon.

Decided September 8, 1982.

Reconsideration Denied October 27, 1982.

Attorney(s) appearing for the Case

James C. Jagger, Eugene, argued the cause for appellant. With him on the briefs was Jagger & Holland, Eugene.

Daniel M. Holland, Eugene, argued the cause for respondent. With him on the briefs were Jaqua, Wheatley, Gallagher & Holland, P.C., Eugene.

YOUNG, Judge.

Defendant Bullen appeals a summary judgment granted in favor of plaintiff in this declaratory judgment proceeding. We find that there is no justiciable controversy between plaintiff and Bullen, and we reverse.

Defendant Reuter was charged in Lane County Circuit Court with knowingly committing the crime of rape after he attacked defendant Bullen. Reuter pleaded not guilty by reason of mental disease or defect and was found guilty in a jury trial...

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