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ROYAL INSURANCE CO. v. STATE OREGON TRANSP. COMM.

TC 16-83-03206; CA A29388; SC S31476.

705 P.2d 1144 (1985)

299 Or. 688

ROYAL INSURANCE COMPANIES, Respondent On Review, v. STATE of OREGON, Oregon Transportation Commission, Highway Division, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Argued and Submitted April 2, 1985.

Attorney(s) appearing for the Case

Michael D. Reynolds, Asst. Atty. Gen., Salem, argued the cause for petitioner on review. With him on the petition were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., and Philip Schradle, Asst. Atty. Gen., Salem.

Richard A. Roseta, Eugene, argued the cause for respondent on review.

LINDE, Justice.

The decision of the Court of Appeals is reversed and the judgment of the Circuit Court is reinstated. Beaver v. Pelett, 299 Or. 664, 705 P.2d 1149 (1985).

PETERSON, Chief Justice, concurring.

I concur in the result. See my concurring opinion in Scovell v. TRK Trans., Inc., 299 Or. 679, 705 P.2d 1144 (1985), and my dissenting opinion in Beaver...

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