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ROYAL INS. CO. v. STATE TRANS. COMM.

16-83-03206; CA A29388.

691 P.2d 915 (1984)

71 Or.App. 221

ROYAL INSURANCE COMPANIES, Appellant, v. STATE of Oregon, Oregon Transportation Commission, Highway Division, Respondent.

Court of Appeals of Oregon.

Decided November 28, 1984.

Reconsideration Denied February 15, 1985.

Attorney(s) appearing for the Case

Richard A. Roseta, Eugene, argued the cause for appellant. With him on the briefs was Flinn, Brown & Roseta, Eugene.

Michael D. Reynolds, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

PER CURIAM.

Plaintiff brought this action against the state for contribution or indemnity for sums paid in settlement on behalf of its insured for personal injuries sustained by two claimants. On appeal, plaintiff contends that the trial court erred in granting the state's motion to dismiss its complaint for failure to state ultimate facts sufficient to constitute a claim for relief. This case was consolidated for argument with Scovell v. TRK Trans, Inc., ...

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