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TRANSAMERICA INS. GROUP v. ADAMS

No. 124,108; CA A24217.

661 P.2d 937 (1983)

62 Or.App. 419

TRANSAMERICA INSURANCE GROUP, Respondent-Cross-Respondent, v. Harold W. ADAMS, Appellant-Cross-Respondent, and William R. Whitt, Respondent-Cross-Appellant.

Court of Appeals of Oregon.

Decided March 30, 1983.

Attorney(s) appearing for the Case

Mark K. Grider, Salem, argued the cause for appellant-cross-respondent. With him on the briefs was Asa L. Lewelling, Salem.

Randall B. Kester, Portland, argued the cause for respondent-cross-respondent, Transamerica Ins. Group. With him on the brief was Cosgrave, Kester, Crowe, Gidley & Lagesen, Portland.

Dell A. Alexander, Albany, argued the cause for respondent-cross-appellant, William R. Whitt. With him on the brief was Emmons, Kyle, Kropp & Kryger, Albany.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.

GILLETTE, Presiding Judge.

Plaintiff insurer brought this proceeding in two counts, one for money had and received and one for restitution, seeking the return of certain monies it had paid to defendants pursuant to an order of a Workers' Compensation Board (Board) referee that was later set aside by the Board.1 Both defendants cross-claimed against each other, seeking indemnity. The trial court...

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