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NORTHWESTERN PACIFIC INDEM. v. JUNCTION CITY

No. 16 79 09299; CA A22583.

656 P.2d 955 (1983)

61 Or.App. 341

NORTHWESTERN PACIFIC INDEMNITY COMPANY, an Oregon Corporation, Appellant, v. JUNCTION CITY Water Control District, Respondent.

Court of Appeals of Oregon, In Banc.

Decided January 19, 1983.

Resubmitted December 9, 1982.

Reconsideration Denied March 11, 1983.

Attorney(s) appearing for the Case

Daniel M. Holland, Eugene, argued the cause for appellant. With him on the briefs was Jagua, Wheatley, Gallagher & Holland, P.C., Eugene.

Randall Bryson, Eugene, argued the cause for respondent. With him on the brief were Bryson & Bryson, and Calkins & Calkins, Eugene.

Resubmitted In Banc December 9, 1982.

BUTTLER, Judge.

Plaintiff, insurer, brought this action to recover legal expenses incurred in defending an action against plaintiff's insured, the State of Oregon (state), based on an alleged contract of indemnity between defendant and the state. Defendant denied that the indemnity provision was a part of its contract with the state. That issue was submitted to the jury, which returned a verdict for defendant. The dispositive...

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