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MOUNTAIN FIR LBR. CO. v. EBI CO.

No. TC A8005-02910, CA A22281, SC 29950.

679 P.2d 296 (1984)

296 Or. 639

MOUNTAIN FIR LUMBER CO., Inc., an Oregon Corporation, Respondent On Review, v. EMPLOYEE BENEFITS INSURANCE CO., a California Corporation, Petitioner On Review.

Supreme Court of Oregon.

Decided March 27, 1984.

Rehearing Denied May 1, 1984.

Attorney(s) appearing for the Case

James N. Westwood, Portland argued the cause and filed the brief for petitioner. With him on the brief was Miller, Nash, Yerke, Wiener & Hagar, Frederic A. Yerke, and Bruce A. Rubin, Portland.

G. Kenneth Shiroishi, Portland, argued the cause and filed the briefs for respondent. With him on the briefs was Morrison, Dunn, Miller, Carney & Allen, Portland.

Before PETERSON, C.J., and LENT, LINDE, CAMPBELL and CARSON, JJ.

CAMPBELL, Justice.

Plaintiff Mountain Fir entered into a contract with defendant Employee Benefits Insurance Co. for workers' compensation insurance coverage which plaintiff alleges included defendant's oral promise for the rebates of premiums. Defendant refused to pay these rebates and plaintiff filed two amended complaints. In the first it sought to recover damages, alleging damages for breach of contract and two fraud claims. In the second it asked for reformation...

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